42 U.S.C. § 2000c–6: Civil actions by the…

Summary

The Attorney General can file a federal lawsuit in the United States’ name when he gets a written complaint signed by parents saying their minor children are being denied equal protection by a school board, or by an individual (or that person’s parent) saying they were denied admission to or kept out of a public college because of race, color, religion, sex, or national origin. If the Attorney General thinks the complaint has merit, officially says the complainant(s) cannot bring or keep up a case themselves, and believes filing the lawsuit will help make school desegregation happen in an orderly way, he may tell the school or college about the complaint, give them a reasonable time to fix it, and then sue in federal court for appropriate relief. He can add other defendants if needed. No U.S. official or court may order moving students between schools or school districts just to create racial balance, or expand court powers beyond enforcing constitutional rights. The Attorney General may decide someone cannot bring a case if they cannot pay the costs or get a lawyer, or if suing would threaten their safety, job, money, family, or property. “Parent” includes anyone standing in loco parentis. “Complaint” means a written document as defined in section 1001 of title 18.

Title 42, §2000c–6

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Complaint; certification; notice to school board or college authority; institution of civil action; relief requested; jurisdiction; transportation of pupils to achieve racial balance; judicial power to insure compliance with constitutional standards; impleading additional parties as defendants

Whenever the Attorney General receives a complaint in writing—

(1)signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or

(2)signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, sex or national origin,

and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b)Persons unable to initiate and maintain legal proceedings

The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

(c)“Parent” and “complaint” defined

The term “parent” as used in this section includes any person standing in loco parentis. A “complaint” as used in this section is a writing or document within the meaning of section 1001, title 18.

Editorial Notes

Amendments

1972—Subsec. (a)(2). Pub. L. 92–318 inserted “sex” after “religion,”.

§2000c–6 Civil Actions by the Attorney General

Summary

Title 42, §2000c–6

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata