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republic-os/legal/us/code/title-42/chapter-21/section-1986.md
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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 1986 Action for neglect to prevent us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 21 CIVIL RIGHTS 1986 42 U.S.C. § 1986 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s1986 data/legal/raw/us/code/title-42/usc42.xml ad52d22ce6289807556db7b99e6b64bc1814162d01fc215a5adfa162dcbc2f30 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e d59541d24ecfdc4760b51e73d1cd55f78f3cea505974d40f3cdc512f3f6d7093 2026-07-04 official
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42 U.S.C. § 1986 - Action for neglect to prevent

Text

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

(R.S. § 1981.)

Notes

Editorial Notes

Codification R.S. § 1981 derived from act Apr. 20, 1871, ch. 22, § 6, 17 Stat. 15. Section was formerly classified to section 48 of Title 8, Aliens and Nationality.