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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 1997a Initiation of civil actions us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 21 CIVIL RIGHTS 1997a 42 U.S.C. § 1997a 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/s1997a data/legal/raw/us/code/title-42/usc42.xml 8f0180ce9f2687d6e1a7ec97984e7e68341e9327212fd8edbbfcd36cd265f61f 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e b9e785b972ee13ba1bf779fb9c9d64b561279c65c97a8f5fed054c3e0ea26e8a 2026-07-04 official
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42 U.S.C. § 1997a - Initiation of civil actions

Text

(a) Discretionary authority of Attorney General; preconditions Whenever the Attorney General has reasonable cause to believe that any State or political subdivision of a State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State is subjecting persons residing in or confined to an institution, as defined in section 1997 of this title, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing such persons to suffer grievous harm, and that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may institute a civil action in any appropriate United States district court against such party for such equitable relief as may be appropriate to insure the minimum corrective measures necessary to insure the full enjoyment of such rights, privileges, or immunities, except that such equitable relief shall be available under this subchapter to persons residing in or confined to an institution as defined in section 1997(1)(B)(ii) of this title only insofar as such persons are subjected to conditions which deprive them of rights, privileges, or immunities secured or protected by the Constitution of the United States.

(b) Discretionary award of attorney fees In any action commenced under this section, the court may allow the prevailing party, other than the United States, a reasonable attorneys fee against the United States as part of the costs.

(c) Attorney General to personally sign complaint The Attorney General shall personally sign any complaint filed pursuant to this section.

(Pub. L. 96247, § 3, May 23, 1980, 94 Stat. 350; Pub. L. 104134, title I, § 101[(a)] [title VIII, § 803(a)], Apr. 26, 1996, 110 Stat. 1321, 132170; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327.)

Notes

Editorial Notes

Amendments1996—Subsec. (c). Pub. L. 104134 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any complaint filed by the Attorney General pursuant to this section shall be personally signed by him.”