§2000aa–6 Civil Actions by Aggrieved Persons

Summary

Allows a person hurt by an illegal search or seizure of their materials to sue for money. They can sue the United States, a state that has given up its immunity under the Constitution, or another government unit for wrongs by their officers. If a state has not given up immunity, the person can sue the state officer or employee directly. An officer can avoid liability if they reasonably and in good faith believed their action was lawful. When the government itself is sued, it cannot use the officer’s immunity or that officer’s good-faith belief as a defense, except for judicial officers. A person who wins can recover actual damages but at least $1,000 in liquidated damages, plus reasonable lawyer fees and court costs the judge allows. The government does not have to pay interest that runs before the judgment. Evidence that would normally be allowed is not excluded just because the law was violated. The Attorney General may settle claims against the United States and must make rules to start investigations and impose sanctions on federal officers when violations occur. Federal district courts are the proper courts to hear these cases.