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US (United States) Code. Title 42. Chapter 21: Civil rights

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-CITE-

42 USC CHAPTER 21 - CIVIL RIGHTS 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

-MISC1-

CHAPTER 21 - CIVIL RIGHTS

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SUBCHAPTER I - GENERALLY

Sec.

1981. Equal rights under the law.

(a) Statement of equal rights.

(b) "Make and enforce contracts" defined.

1981a. Damages in cases of intentional discrimination in

employment.

(a) Right of recovery.

(b) Compensatory and punitive damages.

(d) Definitions.

1982. Property rights of citizens.

1983. Civil action for deprivation of rights.

1984. Omitted.

1985. Conspiracy to interfere with civil rights.

(1) Preventing officer from performing duties.

(2) Obstructing justice; intimidating party,

witness, or juror.

(3) Depriving persons of rights or privileges.

1986. Action for neglect to prevent.

1987. Prosecution of violation of certain laws.

1988. Proceedings in vindication of civil rights.

(a) Applicability of statutory and common law.

(b) Attorney's fees.

1989. United States magistrate judges; appointment of

persons to execute warrants.

1990. Marshal to obey precepts; refusing to receive or

execute process.

1991. Fees; persons appointed to execute process.

1992. Speedy trial.

1993. Repealed.

1994. Peonage abolished.

1995. Criminal contempt proceedings; penalties; trial by

jury.

1996. Protection and preservation of traditional

religions of Native Americans.

1996a. Traditional Indian religious use of peyote.

(a) Congressional findings and declarations.

(b) Use, possession, or transportation of

peyote.

(d) Protection of rights of Indians and Indian

tribes.

1996b. Interethnic adoption.

(1) Prohibited conduct.

(2) Enforcement.

(3) No effect on Indian Child Welfare Act of

1978.

SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS

1997. Definitions.

1997a. Initiation of civil actions.

(a) Discretionary authority of Attorney General;

preconditions.

(b) Discretionary award of attorney fees.

complaint.

1997b. Certification requirements; Attorney General to

personally sign certification.

1997c. Intervention in actions.

(a) Discretionary authority of Attorney General;

preconditions; time period.

(b) Certification requirements by Attorney

General.

to intervene.

(d) Discretionary award of attorney fees; other

award provisions unaffected.

1997d. Prohibition of retaliation.

1997e. Suits by prisoners.

(a) Applicability of administrative remedies.

(b) Failure of State to adopt or adhere to

administrative grievance procedure.

(d) Attorney's fees.

(e) Limitation on recovery.

(f) Hearings.

(g) Waiver of reply.

(h) "Prisoner" defined.

1997f. Report to Congress.

1997g. Priorities for use of funds.

1997h. Notice to Federal departments.

1997i. Disclaimer respecting standards of care.

1997j. Disclaimer respecting private litigation.

SUBCHAPTER II - PUBLIC ACCOMMODATIONS

2000a. Prohibition against discrimination or segregation

in places of public accommodation.

(a) Equal access.

(b) Establishments affecting interstate commerce

or supported in their activities by State

action as places of public accommodation;

lodgings; facilities principally engaged in

selling food for consumption on the

premises; gasoline stations; places of

exhibition or entertainment; other covered

establishments.

"commerce" defined.

(d) Support by State action.

(e) Private establishments.

2000a-1. Prohibition against discrimination or segregation

required by any law, statute, ordinance,

regulation, rule or order of a State or State

agency.

2000a-2. Prohibition against deprivation of, interference

with, and punishment for exercising rights and

privileges secured by section 2000a or 2000a-1 of

this title.

2000a-3. Civil actions for injunctive relief.

(a) Persons aggrieved; intervention by Attorney

General; legal representation; commencement

of action without payment of fees, costs,

or security.

(b) Attorney's fees; liability of United States

for costs.

notification of State or local authority;

stay of Federal proceedings.

(d) References to Community Relations Service to

obtain voluntary compliance; duration of

reference; extension of period.

2000a-4. Community Relations Service; investigations and

hearings; executive session; release of

testimony; duty to bring about voluntary

settlements.

2000a-5. Civil actions by the Attorney General.

(a) Complaint.

(b) Three-judge district court for cases of

general public importance: hearing,

determination, expedition of action, review

by Supreme Court; single judge district

court: hearing, determination, expedition

of action.

2000a-6. Jurisdiction; exhaustion of other remedies;

exclusiveness of remedies; assertion of rights

based on other Federal or State laws and pursuit

of remedies for enforcement of such rights.

SUBCHAPTER III - PUBLIC FACILITIES

2000b. Civil actions by the Attorney General.

(a) Complaint; certification; institution of

civil action; relief requested;

jurisdiction; impleading additional parties

as defendants.

(b) Persons unable to initiate and maintain

legal proceedings.

2000b-1. Liability of United States for costs and

attorney's fee.

2000b-2. Personal suits for relief against discrimination

in public facilities.

2000b-3. "Complaint" defined.

SUBCHAPTER IV - PUBLIC EDUCATION

2000c. Definitions.

2000c-1. Omitted.

2000c-2. Technical assistance in preparation, adoption, and

implementation of plans for desegregation of

public schools.

2000c-3. Training institutes; stipends; travel allowances.

2000c-4. Grants for inservice training in dealing with and

for employment of specialists to advise in

problems incident to desegregation; factors for

consideration in making grants and fixing

amounts, terms, and conditions.

2000c-5. Payments; adjustments; advances or reimbursement;

installments.

2000c-6. Civil actions by the Attorney General.

(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.

(b) Persons unable to initiate and maintain

legal proceedings.

2000c-7. Liability of United States for costs.

2000c-8. Personal suits for relief against discrimination

in public education.

2000c-9. Classification and assignment.

SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS

2000d. Prohibition against exclusion from participation

in, denial of benefits of, and discrimination

under federally assisted programs on ground of

race, color, or national origin.

2000d-1. Federal authority and financial assistance to

programs or activities by way of grant, loan, or

contract other than contract of insurance or

guaranty; rules and regulations; approval by

President; compliance with requirements; reports

to Congressional committees; effective date of

administrative action.

2000d-2. Judicial review; administrative procedure

provisions.

2000d-3. Construction of provisions not to authorize

administrative action with respect to employment

practices except where primary objective of

Federal financial assistance is to provide

employment.

2000d-4. Federal authority and financial assistance to

programs or activities by way of contract of

insurance or guaranty.

2000d-4a. "Program or activity" and "program" defined.

2000d-5. Prohibited deferral of action on applications by

local educational agencies seeking Federal funds

for alleged noncompliance with Civil Rights Act.

2000d-6. Policy of United States as to application of

nondiscrimination provisions in schools of local

educational agencies.

(a) Declaration of uniform policy.

(b) Nature of uniformity.

of obligation for enforcement or compliance

with nondiscrimination requirements.

(d) Additional funds.

2000d-7. Civil rights remedies equalization.

(a) General provision.

(b) Effective date.

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

2000e. Definitions.

2000e-1. Applicability to foreign and religious employment.

(a) Inapplicability of subchapter to certain

aliens and employees of religious entities.

(b) Compliance with statute as violative of

foreign law.

foreign country.

2000e-2. Unlawful employment practices.

(a) Employer practices.

(b) Employment agency practices.

(d) Training programs.

(e) Businesses or enterprises with personnel

qualified on basis of religion, sex, or

national origin; educational institutions

with personnel of particular religion.

(f) Members of Communist Party or

Communist-action or Communist-front

organizations.

(g) National security.

(h) Seniority or merit system; quantity or

quality of production; ability tests;

compensation based on sex and authorized by

minimum wage provisions.

(i) Businesses or enterprises extending

preferential treatment to Indians.

(j) Preferential treatment not to be granted on

account of existing number or percentage

imbalance.

(k) Burden of proof in disparate impact cases.

(l) Prohibition of discriminatory use of test

scores.

(m) Impermissible consideration of race, color,

religion, sex, or national origin in

employment practices.

(n) Resolution of challenges to employment

practices implementing litigated or consent

judgments or orders.

2000e-3. Other unlawful employment practices.

(a) Discrimination for making charges,

testifying, assisting, or participating in

enforcement proceedings.

(b) Printing or publication of notices or

advertisements indicating prohibited

preference, limitation, specification, or

discrimination; occupational qualification

exception.

2000e-4. Equal Employment Opportunity Commission.

(a) Creation; composition; political

representation; appointment; term;

vacancies; Chairman and Vice Chairman;

duties of Chairman; appointment of

personnel; compensation of personnel.

(b) General Counsel; appointment; term; duties;

representation by attorneys and Attorney

General.

(d) Seal; judicial notice.

(e) Reports to Congress and the President.

(f) Principal and other offices.

(g) Powers of Commission.

(h) Cooperation with other departments and

agencies in performance of educational or

promotional activities; outreach

activities.

(i) Personnel subject to political activity

restrictions.

(j) Technical Assistance Training Institute.

(k) EEOC Education, Technical Assistance, and

Training Revolving Fund.

2000e-5. Enforcement provisions.

(a) Power of Commission to prevent unlawful

employment practices.

(b) Charges by persons aggrieved or member of

Commission of unlawful employment practices

by employers, etc.; filing; allegations;

notice to respondent; contents of notice;

investigation by Commission; contents of

charges; prohibition on disclosure of

charges; determination of reasonable cause;

conference, conciliation, and persuasion

for elimination of unlawful practices;

prohibition on disclosure of informal

endeavors to end unlawful practices; use of

evidence in subsequent proceedings;

penalties for disclosure of information;

time for determination of reasonable cause.

notification of State or local authority;

time for filing charges with Commission;

commencement of proceedings.

(d) State or local enforcement proceedings;

notification of State or local authority;

time for action on charges by Commission.

(e) Time for filing charges; time for service of

notice of charge on respondent; filing of

charge by Commission with State or local

agency; seniority system.

(f) Civil action by Commission, Attorney

General, or person aggrieved;

preconditions; procedure; appointment of

attorney; payment of fees, costs, or

security; intervention; stay of Federal

proceedings; action for appropriate

temporary or preliminary relief pending

final disposition of charge; jurisdiction

and venue of United States courts;

designation of judge to hear and determine

case; assignment of case for hearing;

expedition of case; appointment of master.

(g) Injunctions; appropriate affirmative action;

equitable relief; accrual of back pay;

reduction of back pay; limitations on

judicial orders.

(h) Provisions of chapter 6 of title 29 not

applicable to civil actions for prevention

of unlawful practices.

(i) Proceedings by Commission to compel

compliance with judicial orders.

(j) Appeals.

(k) Attorney's fee; liability of Commission and

United States for costs.

2000e-6. Civil actions by the Attorney General.

(a) Complaint.

(b) Jurisdiction; three-judge district court for

cases of general public importance:

hearing, determination, expedition of

action, review by Supreme Court; single

judge district court: hearing,

determination, expedition of action.

effective date; prerequisite to transfer;

execution of functions by Commission.

(d) Transfer of functions, etc., not to affect

suits commenced pursuant to this section

prior to date of transfer.

(e) Investigation and action by Commission

pursuant to filing of charge of

discrimination; procedure.

2000e-7. Effect on State laws.

2000e-8. Investigations.

(a) Examination and copying of evidence related

to unlawful employment practices.

(b) Cooperation with State and local agencies

administering State fair employment

practices laws; participation in and

contribution to research and other

projects; utilization of services; payment

in advance or reimbursement; agreements and

rescission of agreements.

records; reports to Commission; training

program records; appropriate relief from

regulation or order for undue hardship;

procedure for exemption; judicial action to

compel compliance.

(d) Consultation and coordination between

Commission and interested State and Federal

agencies in prescribing recordkeeping and

reporting requirements; availability of

information furnished pursuant to

recordkeeping and reporting requirements;

conditions on availability.

(e) Prohibited disclosures; penalties.

2000e-9. Conduct of hearings and investigations pursuant to

section 161 of title 29.

2000e-10. Posting of notices; penalties.

2000e-11. Veterans' special rights or preference.

2000e-12. Regulations; conformity of regulations with

administrative procedure provisions; reliance on

interpretations and instructions of Commission.

2000e-13. Application to personnel of Commission of sections

111 and 1114 of title 18; punishment for

violation of section 1114 of title 18.

2000e-14. Equal Employment Opportunity Coordinating Council;

establishment; composition; duties; report to

President and Congress.

2000e-15. Presidential conferences; acquaintance of

leadership with provisions for employment rights

and obligations; plans for fair administration;

membership.

2000e-16. Employment by Federal Government.

(a) Discriminatory practices prohibited;

employees or applicants for employment

subject to coverage.

(b) Equal Employment Opportunity Commission;

enforcement powers; issuance of rules,

regulations, etc.; annual review and

approval of national and regional equal

employment opportunity plans; review and

evaluation of equal employment opportunity

programs and publication of progress

reports; consultations with interested

parties; compliance with rules,

regulations, etc.; contents of national and

regional equal employment opportunity

plans; authority of Librarian of Congress.

employment for redress of grievances; time

for bringing of action; head of department,

agency, or unit as defendant.

(d) Section 2000e-5(f) through (k) of this title

applicable to civil actions.

(e) Government agency or official not relieved

of responsibility to assure

nondiscrimination in employment or equal

employment opportunity.

2000e-16a. Short title; purpose; definition.

(a) Short title.

(b) Purpose.

2000e-16b. Discriminatory practices prohibited.

(a) Practices.

(b) Remedies.

2000e-16c. Coverage of previously exempt State employees.

(a) Application.

(b) Enforcement by administrative action.

(d) Standard of review.

(e) Attorney's fees.

2000e-17. Procedure for denial, withholding, termination, or

suspension of Government contract subsequent to

acceptance by Government of affirmative action

plan of employer; time of acceptance of plan.

SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS

2000f. Survey for compilation of registration and voting

statistics; geographical areas; scope;

application of census provisions; voluntary

disclosure; advising of right not to furnish

information.

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

2000g. Establishment of Service; Director of Service:

appointment, term; personnel.

2000g-1. Functions of Service.

2000g-2. Cooperation with other agencies; conciliation

assistance in confidence and without publicity;

information as confidential; restriction on

performance of investigative or prosecuting

functions; violations and penalties.

2000g-3. Reports to Congress.

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

2000h. Criminal contempt proceedings: trial by jury,

criminal practice, penalties, exceptions, intent;

civil contempt proceedings.

2000h-1. Double jeopardy; specific crimes and criminal

contempts.

2000h-2. Intervention by Attorney General; denial of equal

protection on account of race, color, religion,

sex or national origin.

2000h-3. Construction of provisions not to affect authority

of Attorney General, etc., to institute or

intervene in actions or proceedings.

2000h-4. Construction of provisions not to exclude

operation of State laws and not to invalidate

consistent State laws.

2000h-5. Authorization of appropriations.

2000h-6. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 11111 of this title.

-End-

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42 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

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SUBCHAPTER I - GENERALLY

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42 USC Sec. 1981 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1981. Equal rights under the law

-STATUTE-

(a) Statement of equal rights

All persons within the jurisdiction of the United States shall

have the same right in every State and Territory to make and

enforce contracts, to sue, be parties, give evidence, and to the

full and equal benefit of all laws and proceedings for the security

of persons and property as is enjoyed by white citizens, and shall

be subject to like punishment, pains, penalties, taxes, licenses,

and exactions of every kind, and to no other.

(b) "Make and enforce contracts" defined

For purposes of this section, the term "make and enforce

contracts" includes the making, performance, modification, and

termination of contracts, and the enjoyment of all benefits,

privileges, terms, and conditions of the contractual relationship.

The rights protected by this section are protected against

impairment by nongovernmental discrimination and impairment under

color of State law.

-SOURCE-

(R.S. Sec. 1977; Pub. L. 102-166, title I, Sec. 101, Nov. 21, 1991,

105 Stat. 1071.)

-COD-

CODIFICATION

R.S. Sec. 1977 derived from act May 31, 1870, ch. 114, Sec. 16,

16 Stat. 144.

Section was formerly classified to section 41 of Title 8, Aliens

and Nationality.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-166 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 402 of Pub. L. 102-166 provided that:

"(a) In General. - Except as otherwise specifically provided,

this Act [see Short Title of 1991 Amendment note below] and the

amendments made by this Act shall take effect upon enactment [Nov.

21, 1991].

"(b) Certain Disparate Impact Cases. - Notwithstanding any other

provision of this Act, nothing in this Act shall apply to any

disparate impact case for which a complaint was filed before March

1, 1975, and for which an initial decision was rendered after

October 30, 1983."

SHORT TITLE OF 1991 AMENDMENT

Section 1 of Pub. L. 102-166 provided that: "This Act [enacting

section 1981a of this title and sections 60l and 1201 to 1224 of

Title 2, The Congress, amending this section and sections 1988,

2000e, 2000e-1, 2000e-2, 2000e-4, 2000e-5, 2000e-16, 12111, 12112,

and 12209 of this title, and section 626 of Title 29, Labor, and

enacting provisions set out as notes under this section and

sections 2000e and 2000e-4 of this title, and section 1a-5 of Title

16, Conservation] may be cited as the 'Civil Rights Act of 1991'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-559, which amended section 1988 of this title, is

known as "The Civil Rights Attorney's Fees Awards Act of 1976", see

note set out under section 1988 of this title.

SEVERABILITY

Section 401 of Pub. L. 102-166 provided that: "If any provision

of this Act [see Short Title of 1991 Amendment note above], or an

amendment made by this Act, or the application of such provision to

any person or circumstances is held to be invalid, the remainder of

this Act and the amendments made by this Act, and the application

of such provision to other persons and circumstances, shall not be

affected."

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 102-166 provided that: "The Congress finds

that -

"(1) additional remedies under Federal law are needed to deter

unlawful harassment and intentional discrimination in the

workplace;

"(2) the decision of the Supreme Court in Wards Cove Packing

Co. v. Atonio, 490 U.S. 642 (1989) has weakened the scope and

effectiveness of Federal civil rights protections; and

"(3) legislation is necessary to provide additional protections

against unlawful discrimination in employment."

PURPOSES OF 1991 AMENDMENT

Section 3 of Pub. L. 102-166 provided that: "The purposes of this

Act [see Short Title of 1991 Amendment note above] are -

"(1) to provide appropriate remedies for intentional

discrimination and unlawful harassment in the workplace;

"(2) to codify the concepts of 'business necessity' and 'job

related' enunciated by the Supreme Court in Griggs v. Duke Power

Co., 401 U.S. 424 (1971), and in the other Supreme Court

decisions prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 642

(1989);

"(3) to confirm statutory authority and provide statutory

guidelines for the adjudication of disparate impact suits under

title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et

seq.); and

"(4) to respond to recent decisions of the Supreme Court by

expanding the scope of relevant civil rights statutes in order to

provide adequate protection to victims of discrimination."

LEGISLATIVE HISTORY FOR 1991 AMENDMENT

Section 105(b) of Pub. L. 102-166 provided that: "No statements

other than the interpretive memorandum appearing at Vol. 137

Congressional Record S 15276 (daily ed. Oct. 25, 1991) shall be

considered legislative history of, or relied upon in any way as

legislative history in construing or applying, any provision of

this Act [see Short Title of 1991 Amendment note above] that

relates to Wards Cove - Business necessity/cumulation/alternative

business practice."

CONSTRUCTION OF 1991 AMENDMENT

Section 116 of title I of Pub. L. 102-166 provided that: "Nothing

in the amendments made by this title [enacting section 1981a of

this title and amending this section, sections 1988, 2000e,

2000e-1, 2000e-2, 2000e-4, 2000e-5, 2000e-16, 12111, and 12112 of

this title, and section 626 of Title 29, Labor] shall be construed

to affect court-ordered remedies, affirmative action, or

conciliation agreements, that are in accordance with the law."

ALTERNATIVE MEANS OF DISPUTE RESOLUTION

Section 118 of title I of Pub. L. 102-166 provided that: "Where

appropriate and to the extent authorized by law, the use of

alternative means of dispute resolution, including settlement

negotiations, conciliation, facilitation, mediation, factfinding,

minitrials, and arbitration, is encouraged to resolve disputes

arising under the Acts or provisions of Federal law amended by this

title [enacting section 1981a of this title and amending this

section, sections 1988, 2000e, 2000e-1, 2000e-2, 2000e-4, 2000e-5,

2000e-16, 12111, and 12112 of this title, and section 626 of Title

29, Labor]."

-EXEC-

EXECUTIVE ORDER NO. 13050

Ex. Ord. No. 13050, June 13, 1997, 62 F.R. 32987, which

established the President's Advisory Board on Race, was revoked by

Ex. Ord. No. 13138, Sec. 3(e), Sept. 30, 1999, 64 F.R. 53880,

formerly set out as a note under section 14 of the Appendix to

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 1988, 2000e-16b of

this title; title 2 section 1311; title 3 section 411.

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42 USC Sec. 1981a 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1981a. Damages in cases of intentional discrimination in

employment

-STATUTE-

(a) Right of recovery

(1) Civil rights

In an action brought by a complaining party under section 706

or 717 of the Civil Rights Act of 1964 [42 U.S.C. 2000e-5,

2000e-16] against a respondent who engaged in unlawful

intentional discrimination (not an employment practice that is

unlawful because of its disparate impact) prohibited under

section 703, 704, or 717 of the Act [42 U.S.C. 2000e-2, 2000e-3,

2000e-16], and provided that the complaining party cannot recover

under section 1981 of this title, the complaining party may

recover compensatory and punitive damages as allowed in

subsection (b) of this section, in addition to any relief

authorized by section 706(g) of the Civil Rights Act of 1964,

from the respondent.

(2) Disability

In an action brought by a complaining party under the powers,

remedies, and procedures set forth in section 706 or 717 of the

Civil Rights Act of 1964 [42 U.S.C. 2000e-5, 2000e-16] (as

provided in section 107(a) of the Americans with Disabilities Act

of 1990 (42 U.S.C. 12117(a)), and section 794a(a)(1) of title 29,

respectively) against a respondent who engaged in unlawful

intentional discrimination (not an employment practice that is

unlawful because of its disparate impact) under section 791 of

title 29 and the regulations implementing section 791 of title

29, or who violated the requirements of section 791 of title 29

or the regulations implementing section 791 of title 29

concerning the provision of a reasonable accommodation, or

section 102 of the Americans with Disabilities Act of 1990 (42

U.S.C. 12112), or committed a violation of section 102(b)(5) of

the Act, against an individual, the complaining party may recover

compensatory and punitive damages as allowed in subsection (b) of

this section, in addition to any relief authorized by section

706(g) of the Civil Rights Act of 1964, from the respondent.

(3) Reasonable accommodation and good faith effort

In cases where a discriminatory practice involves the provision

of a reasonable accommodation pursuant to section 102(b)(5) of

the Americans with Disabilities Act of 1990 [42 U.S.C.

12112(b)(5)] or regulations implementing section 791 of title 29,

damages may not be awarded under this section where the covered

entity demonstrates good faith efforts, in consultation with the

person with the disability who has informed the covered entity

that accommodation is needed, to identify and make a reasonable

accommodation that would provide such individual with an equally

effective opportunity and would not cause an undue hardship on

the operation of the business.

(b) Compensatory and punitive damages

(1) Determination of punitive damages

A complaining party may recover punitive damages under this

section against a respondent (other than a government, government

agency or political subdivision) if the complaining party

demonstrates that the respondent engaged in a discriminatory

practice or discriminatory practices with malice or with reckless

indifference to the federally protected rights of an aggrieved

individual.

(2) Exclusions from compensatory damages

Compensatory damages awarded under this section shall not

include backpay, interest on backpay, or any other type of relief

authorized under section 706(g) of the Civil Rights Act of 1964

[42 U.S.C. 2000e-5(g)].

(3) Limitations

The sum of the amount of compensatory damages awarded under

this section for future pecuniary losses, emotional pain,

suffering, inconvenience, mental anguish, loss of enjoyment of

life, and other nonpecuniary losses, and the amount of punitive

damages awarded under this section, shall not exceed, for each

complaining party -

(A) in the case of a respondent who has more than 14 and

fewer than 101 employees in each of 20 or more calendar weeks

in the current or preceding calendar year, $50,000;

(B) in the case of a respondent who has more than 100 and

fewer than 201 employees in each of 20 or more calendar weeks

in the current or preceding calendar year, $100,000; and

fewer than 501 employees in each of 20 or more calendar weeks

in the current or preceding calendar year, $200,000; and

(D) in the case of a respondent who has more than 500

employees in each of 20 or more calendar weeks in the current

or preceding calendar year, $300,000.

(4) Construction

Nothing in this section shall be construed to limit the scope

of, or the relief available under, section 1981 of this title.

If a complaining party seeks compensatory or punitive damages

under this section -

(1) any party may demand a trial by jury; and

(2) the court shall not inform the jury of the limitations

described in subsection (b)(3) of this section.

(d) Definitions

As used in this section:

(1) Complaining party

The term "complaining party" means -

(A) in the case of a person seeking to bring an action under

subsection (a)(1) of this section, the Equal Employment

Opportunity Commission, the Attorney General, or a person who

may bring an action or proceeding under title VII of the Civil

Rights Act of 1964 (42 U.S.C. 2000e et seq.); or

(B) in the case of a person seeking to bring an action under

subsection (a)(2) of this section, the Equal Employment

Opportunity Commission, the Attorney General, a person who may

bring an action or proceeding under section 794a(a)(1) of title

29, or a person who may bring an action or proceeding under

title I of the Americans with Disabilities Act of 1990 [42

U.S.C. 12111 et seq.].

(2) Discriminatory practice

The term "discriminatory practice" means the discrimination

described in paragraph (1), or the discrimination or the

violation described in paragraph (2), of subsection (a) of this

section.

-SOURCE-

(R.S. Sec. 1977A, as added Pub. L. 102-166, title I, Sec. 102, Nov.

21, 1991, 105 Stat. 1072.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (d)(1)(A),

is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title

VII of the Act is classified generally to subchapter VI (Sec. 2000e

et seq.) of this chapter. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

this title and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (d)(1)(B) is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 12111 et seq.) of chapter 126 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 12101 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Nov. 21, 1991, except as otherwise provided,

see section 402 of Pub. L. 102-166, set out as an Effective Date of

1991 Amendment note under section 1981 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1988, 2000e-16b of this

title; title 2 section 1311; title 3 section 411.

-End-

-CITE-

42 USC Sec. 1982 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1982. Property rights of citizens

-STATUTE-

All citizens of the United States shall have the same right, in

every State and Territory, as is enjoyed by white citizens thereof

to inherit, purchase, lease, sell, hold, and convey real and

personal property.

-SOURCE-

(R.S. Sec. 1978.)

-COD-

CODIFICATION

R.S. Sec. 1978 derived from act Apr. 9, 1866, ch. 31, Sec. 1, 14

Stat. 27.

Section was formerly classified to section 42 of Title 8, Aliens

and Nationality.

-EXEC-

EX. ORD. NO. 11063. EQUAL OPPORTUNITY IN HOUSING

Ex. Ord. No. 11063, Nov. 20, 1962, 27 F.R. 11527, as amended by

Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No.

12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939, provided:

WHEREAS the granting of Federal assistance for the provision,

rehabilitation, or operation of housing and related facilities from

which Americans are excluded because of their race, color, creed,

or national origin is unfair, unjust, and inconsistent with the

public policy of the United States as manifested in its

Constitution and laws; and

WHEREAS the Congress in the Housing Act of 1949 [see Short Title

note set out under section 1441 of this title] has declared that

the general welfare and security of the Nation and the health and

living standards of its people require the realization as soon as

feasible of the goal of a decent home and a suitable living

environment for every American family; and

WHEREAS discriminatory policies and practices based upon race,

color, creed, or national origin now operate to deny many Americans

the benefits of housing financed through Federal assistance and as

a consequence prevent such assistance from providing them with an

alternative to substandard, unsafe, unsanitary, and overcrowded

housing; and

WHEREAS such discriminatory policies and practices result in

segregated patterns of housing and necessarily produce other forms

of discrimination and segregation which deprive many Americans of

equal opportunity in the exercise of their unalienable rights to

life, liberty, and the pursuit of happiness; and

WHEREAS the executive branch of the Government, in faithfully

executing the laws of the United States which authorize Federal

financial assistance, directly or indirectly, for the provision,

rehabilitation, and operation of housing and related facilities, is

charged with an obligation and duty to assure that those laws are

fairly administered and that benefits thereunder are made available

to all Americans without regard to their race, color, creed, or

national origin:

NOW, THEREFORE, by virtue of the authority vested in me as

President of the United States by the Constitution and laws of the

United States, it is ordered as follows:

PART I - PREVENTION OF DISCRIMINATION

Section 101. I hereby direct all departments and agencies in the

executive branch of the Federal Government, insofar as their

functions relate to the provision, rehabilitation, or operation of

housing and related facilities, to take all action necessary and

appropriate to prevent discrimination because of race, color,

religion (creed), sex, disability, familial status or national

origin -

(a) in the sale, leasing, rental, or other disposition of

residential property and related facilities (including land to be

developed for residential use), or in the use or occupancy thereof,

if such property and related facilities are -

(i) owned or operated by the Federal Government, or

(ii) provided in whole or in part with the aid of loans,

advances, grants, or contributions hereafter agreed to be made by

the Federal Government, or

(iii) provided in whole or in part by loans hereafter insured,

guaranteed, or otherwise secured by the credit of the Federal

Government, or

(iv) provided by the development or the redevelopment of real

property purchased, leased, or otherwise obtained from a State or

local public agency receiving Federal financial assistance for slum

clearance or urban renewal with respect to such real property under

a loan of grant contract hereafter entered into; and

(b) in the lending practices with respect to residential property

and related facilities (including land to be developed for

residential use) of lending institutions, insofar as such practices

relate to loans hereafter insured or guaranteed by the Federal

Government.

Sec. 102. I hereby direct the Department of Housing and Urban

Development and all other executive departments and agencies to use

their good offices and to take other appropriate action permitted

by law, including the institution of appropriate litigation, if

required, to promote the abandonment of discriminatory practices

with respect to residential property and related facilities

heretofore provided with Federal financial assistance of the types

referred to in Section 101(a)(ii), (iii), and (iv).

PART II - IMPLEMENTATION BY DEPARTMENTS AND AGENCIES

Sec. 201. Each executive department and agency subject to this

order is directed to submit to the President's Committee on Equal

Opportunity in Housing established pursuant to Part IV of this

order (hereinafter sometimes referred to as the Committee), within

thirty days from the date of this order, a report outlining all

current programs administered by it which are affected by this

order.

Sec. 202. Each such department and agency shall be primarily

responsible for obtaining compliance with the purposes of this

order as the order applies to programs administered by it; and is

directed to cooperate with the Committee, to furnish it, in

accordance with law, such information and assistance as it may

request in the performance of its functions, and to report to it at

such intervals as the Committee may require.

Sec. 203. Each such department and agency shall, within thirty

days from the date of this order, issue such rules and regulations,

adopt such procedures and policies, and make such exemptions and

exceptions as may be consistent with law and necessary or

appropriate to effectuate the purposes of this order. Each such

department and agency shall consult with the Committee in order to

achieve such consistency and uniformity as may be feasible.

PART III - ENFORCEMENT

Sec. 301. The Committee, any subcommittee thereof, and any

officer or employee designated by any executive department or

agency subject to this order may hold such hearings, public or

private, as the Committee, department, or agency may deem advisable

for compliance, enforcement, or educational purposes.

Sec. 302. If any executive department or agency subject to this

order concludes that any person or firm (including but not limited

to any individual, partnership, association, trust, or corporation)

or any State or local public agency has violated any rule,

regulation, or procedure issued or adopted pursuant to this order,

or any nondiscrimination provision included in any agreement or

contract pursuant to any such rule, regulation, or procedure, it

shall endeavor to end and remedy such violation by informal means,

including conference, conciliation, and persuasion unless similar

efforts made by another Federal department or agency have been

unsuccessful. In conformity with rules, regulations, procedures, or

policies issued or adopted by it pursuant to Section 203 hereof, a

department or agency may take such action as may be appropriate

under its governing laws, including, but not limited to, the

following:

It may -

(a) cancel or terminate in whole or in part any agreement or

contract with such person, firm, or State or local public agency

providing for a loan, grant, contribution, or other Federal aid, or

for the payment of a commission or fee;

(b) refrain from extending any further aid under any program

administered by it and affected by this order until it is satisfied

that the affected person, firm, or State or local public agency

will comply with the rules, regulations, and procedures issued or

adopted pursuant to this order, and any nondiscrimination

provisions included in any agreement or contract;

as a beneficiary under any program administered by it which is

affected by this order or revoke such approval if previously given.

Sec. 303. In appropriate cases executive departments and agencies

shall refer to the Attorney General violations of any rules,

regulations, or procedures issued or adopted pursuant to this

order, or violations of any nondiscrimination provisions included

in any agreement or contract, for such civil or criminal action as

he may deem appropriate. The Attorney General is authorized to

furnish legal advice concerning this order to the Committee and to

any department or agency requesting such advice.

Sec. 304. Any executive department or agency affected by this

order may also invoke the sanctions provided in Section 302 where

any person or firm, including a lender, has violated the rules,

regulations, or procedures issued or adopted pursuant to this

order, or the nondiscrimination provisions included in any

agreement or contract, with respect to any program affected by this

order administered by any other executive department or agency.

PART IV - ESTABLISHMENT OF THE PRESIDENT'S COMMITTEE ON EQUAL

OPPORTUNITY IN HOUSING

[Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex.

Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]

PART V - POWERS AND DUTIES OF THE PRESIDENT'S COMMITTEE ON EQUAL

OPPORTUNITY IN HOUSING

Sec. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.

1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]

Sec. 502. (a) The Committee shall take such steps as it deems

necessary and appropriate to promote the coordination of the

activities of departments and agencies under this order. In so

doing, the Committee shall consider the overall objectives of

Federal legislation relating to housing and the right of every

individual to participate without discrimination because of race,

color, religion (creed), sex, disability, familial status or

national origin in the ultimate benefits of the Federal programs

subject to this order.

(b) The Committee may confer with representatives of any

department or agency, State or local public agency, civic,

industry, or labor group, or any other group directly or indirectly

affected by this order; examine the relevant rules, regulations,

procedures, policies, and practices of any department or agency

subject to this order and make such recommendations as may be

necessary or desirable to achieve the purposes of this order.

educational, religious, industry, labor, and other nongovernmental

groups to eliminate the basic causes of discrimination in housing

and related facilities provided with Federal assistance.

Sec. 503. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.

1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]

PART VI - MISCELLANEOUS

Sec. 601. As used in this order, the term "departments and

agencies" includes any wholly-owned or mixed-ownership Government

corporation, and the term "State" includes the District of

Columbia, the Commonwealth of Puerto Rico, and the territories of

the United States.

Sec. 602. This order shall become effective immediately.

[Functions of President's Committee on Equal Opportunity in

Housing under Ex. Ord. No. 11063 delegated to Secretary of Housing

and Urban Development by Ex. Ord. No. 12892, Sec. 6-604(a), Jan.

17, 1994, 59 F.R. 2939, set out as a note under section 3608 of

this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1988, 3608 of this title.

-End-

-CITE-

42 USC Sec. 1983 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1983. Civil action for deprivation of rights

-STATUTE-

Every person who, under color of any statute, ordinance,

regulation, custom, or usage, of any State or Territory or the

District of Columbia, subjects, or causes to be subjected, any

citizen of the United States or other person within the

jurisdiction thereof to the deprivation of any rights, privileges,

or immunities secured by the Constitution and laws, shall be liable

to the party injured in an action at law, suit in equity, or other

proper proceeding for redress, except that in any action brought

against a judicial officer for an act or omission taken in such

officer's judicial capacity, injunctive relief shall not be granted

unless a declaratory decree was violated or declaratory relief was

unavailable. For the purposes of this section, any Act of Congress

applicable exclusively to the District of Columbia shall be

considered to be a statute of the District of Columbia.

-SOURCE-

(R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec. 29, 1979, 93 Stat.

1284; Pub. L. 104-317, title III, Sec. 309(c), Oct. 19, 1996, 110

Stat. 3853.)

-COD-

CODIFICATION

R.S. Sec. 1979 derived from act Apr. 20, 1871, ch. 22, Sec. 1, 17

Stat. 13.

Section was formerly classified to section 43 of Title 8, Aliens

and Nationality.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-317 inserted before period at end of first

sentence ", except that in any action brought against a judicial

officer for an act or omission taken in such officer's judicial

capacity, injunctive relief shall not be granted unless a

declaratory decree was violated or declaratory relief was

unavailable".

1979 - Pub. L. 96-170 inserted "or the District of Columbia"

after "Territory", and provisions relating to Acts of Congress

applicable solely to the District of Columbia.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-170 applicable with respect to any

deprivation of rights, privileges, or immunities secured by the

Constitution and laws occurring after Dec. 29, 1979, see section 3

of Pub. L. 96-170, set out as a note under section 1343 of Title

28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437c-1, 1988, 1997e of

this title.

-End-

-CITE-

42 USC Sec. 1984 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1984. Omitted

-COD-

CODIFICATION

Section, act Mar. 1, 1875, ch. 114, Sec. 5, 18 Stat. 337, which

was formerly classified to section 46 of Title 8, Aliens and

Nationality, related to Supreme Court review of cases arising under

act Mar. 1, 1875. Sections 1 and 2 of act Mar. 1, 1875 were

declared unconstitutional in U.S. v. Singleton, 109 U.S. 3, and

sections 3 and 4 of such act were repealed by act June 25, 1948,

ch. 645, Sec. 21, 62 Stat. 862.

-End-

-CITE-

42 USC Sec. 1985 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1985. Conspiracy to interfere with civil rights

-STATUTE-

(1) Preventing officer from performing duties

If two or more persons in any State or Territory conspire to

prevent, by force, intimidation, or threat, any person from

accepting or holding any office, trust, or place of confidence

under the United States, or from discharging any duties thereof; or

to induce by like means any officer of the United States to leave

any State, district, or place, where his duties as an officer are

required to be performed, or to injure him in his person or

property on account of his lawful discharge of the duties of his

office, or while engaged in the lawful discharge thereof, or to

injure his property so as to molest, interrupt, hinder, or impede

him in the discharge of his official duties;

(2) Obstructing justice; intimidating party, witness, or juror

If two or more persons in any State or Territory conspire to

deter, by force, intimidation, or threat, any party or witness in

any court of the United States from attending such court, or from

testifying to any matter pending therein, freely, fully, and

truthfully, or to injure such party or witness in his person or

property on account of his having so attended or testified, or to

influence the verdict, presentment, or indictment of any grand or

petit juror in any such court, or to injure such juror in his

person or property on account of any verdict, presentment, or

indictment lawfully assented to by him, or of his being or having

been such juror; or if two or more persons conspire for the purpose

of impeding, hindering, obstructing, or defeating, in any manner,

the due course of justice in any State or Territory, with intent to

deny to any citizen the equal protection of the laws, or to injure

him or his property for lawfully enforcing, or attempting to

enforce, the right of any person, or class of persons, to the equal

protection of the laws;

(3) Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go

in disguise on the highway or on the premises of another, for the

purpose of depriving, either directly or indirectly, any person or

class of persons of the equal protection of the laws, or of equal

privileges and immunities under the laws; or for the purpose of

preventing or hindering the constituted authorities of any State or

Territory from giving or securing to all persons within such State

or Territory the equal protection of the laws; or if two or more

persons conspire to prevent by force, intimidation, or threat, any

citizen who is lawfully entitled to vote, from giving his support

or advocacy in a legal manner, toward or in favor of the election

of any lawfully qualified person as an elector for President or

Vice President, or as a Member of Congress of the United States; or

to injure any citizen in person or property on account of such

support or advocacy; in any case of conspiracy set forth in this

section, if one or more persons engaged therein do, or cause to be

done, any act in furtherance of the object of such conspiracy,

whereby another is injured in his person or property, or deprived

of having and exercising any right or privilege of a citizen of the

United States, the party so injured or deprived may have an action

for the recovery of damages occasioned by such injury or

deprivation, against any one or more of the conspirators.

-SOURCE-

(R.S. Sec. 1980.)

-COD-

CODIFICATION

R.S. Sec. 1980 derived from acts July 31, 1861, ch. 33, 12 Stat.

284; Apr. 20, 1871, ch. 22, Sec. 2, 17 Stat. 13.

Section was formerly classified to section 47 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1986, 1988 of this title;

title 28 section 1343.

-End-

-CITE-

42 USC Sec. 1986 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1986. Action for neglect to prevent

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 1981.)

-COD-

CODIFICATION

R.S. Sec. 1981 derived from act Apr. 20, 1871, ch. 22, Sec. 6, 17

Stat. 15.

Section was formerly classified to section 48 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1988 of this title.

-End-

-CITE-

42 USC Sec. 1987 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1987. Prosecution of violation of certain laws

-STATUTE-

The United States attorneys, marshals, and deputy marshals, the

United States magistrate judges appointed by the district and

territorial courts, with power to arrest, imprison, or bail

offenders, and every other officer who is especially empowered by

the President, are authorized and required, at the expense of the

United States, to institute prosecutions against all persons

violating any of the provisions of section 1990 of this title or of

sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and

to cause such persons to be arrested, and imprisoned or bailed, for

trial before the court of the United States or the territorial

court having cognizance of the offense.

-SOURCE-

(R.S. Sec. 1982; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167;

June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Pub. L. 90-578, title

IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-REFTEXT-

REFERENCES IN TEXT

Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of the

Revised Statutes, referred to in text, were repealed by act Mar. 4,

1909, ch. 321, Sec. 341, 35 Stat. 1153; section 5506, 5511 to 5515,

and 5520 to 5523, also referred to in text, were repealed by act

Feb. 8, 1894, ch. 25, Sec. 1, 28 Stat. 37. The provisions of

sections 5508, 5510, 5516, 5518 and 5524 to 5532 of the Revised

Statutes were reenacted by act Mar. 4, 1909, and classified to

sections 51, 52, 54 to 59, 246, 428 and 443 to 445 of former Title

18, Criminal Code and Criminal Procedure. Those sections were

repealed and reenacted as sections 241, 242, 372, 592, 593, 752,

1071, 1581, 1583 and 1588 of Title 18, Crimes and Criminal

Procedure, in the general revision of Title 18 by act June 25,

1948, ch. 645, 62 Stat. 683.

-COD-

CODIFICATION

R.S. Sec. 1982 derived from acts Apr. 9, 1866, ch. 31, Sec. 4, 14

Stat. 28; May 31, 1870, Ch. 114, Sec. 9, 16 Stat. 142.

Section was formerly classified to section 49 of Title 8, Aliens

and Nationality.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorneys" for "district attorneys". See section 541 of Title 28,

Judiciary and Judicial Procedure, and Historical and Revision Notes

thereunder.

"United States magistrate judges" substituted in text for

"magistrates" pursuant to section 321 of Pub. L. 101-650, set out

as a note under section 631 of Title 28. Previously, "magistrates"

substituted for "commissioners" pursuant to Pub. L. 90-578. See

chapter 43 (Sec. 631 et seq.) of Title 28.

Reference to the district courts substituted for reference to the

circuit courts on authority of section 291 of act Mar. 3, 1911.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1989 of this title.

-End-

-CITE-

42 USC Sec. 1988 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1988. Proceedings in vindication of civil rights

-STATUTE-

(a) Applicability of statutory and common law

The jurisdiction in civil and criminal matters conferred on the

district courts by the provisions of titles 13, 24, and 70 of the

Revised Statutes for the protection of all persons in the United

States in their civil rights, and for their vindication, shall be

exercised and enforced in conformity with the laws of the United

States, so far as such laws are suitable to carry the same into

effect; but in all cases where they are not adapted to the object,

or are deficient in the provisions necessary to furnish suitable

remedies and punish offenses against law, the common law, as

modified and changed by the constitution and statutes of the State

wherein the court having jurisdiction of such civil or criminal

cause is held, so far as the same is not inconsistent with the

Constitution and laws of the United States, shall be extended to

and govern the said courts in the trial and disposition of the

cause, and, if it is of a criminal nature, in the infliction of

punishment on the party found guilty.

(b) Attorney's fees

In any action or proceeding to enforce a provision of sections

1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of

Public Law 92-318 [20 U.S.C. 1681 et seq.], the Religious Freedom

Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious

Land Use and Institutionalized Persons Act of 2000 [42 U.S.C.

2000cc et seq.], title VI of the Civil Rights Act of 1964 [42

U.S.C. 2000d et seq.], or section 13981 of this title, the court,

in its discretion, may allow the prevailing party, other than the

United States, a reasonable attorney's fee as part of the costs,

except that in any action brought against a judicial officer for an

act or omission taken in such officer's judicial capacity such

officer shall not be held liable for any costs, including

attorney's fees, unless such action was clearly in excess of such

officer's jurisdiction.

In awarding an attorney's fee under subsection (b) of this

section in any action or proceeding to enforce a provision of

section 1981 or 1981a of this title, the court, in its discretion,

may include expert fees as part of the attorney's fee.

-SOURCE-

(R.S. Sec. 722; Pub. L. 94-559, Sec. 2, Oct. 19, 1976, 90 Stat.

2641; Pub. L. 96-481, title II, Sec. 205(c), Oct. 21, 1980, 94

Stat. 2330; Pub. L. 102-166, title I, Secs. 103, 113(a), Nov. 21,

1991, 105 Stat. 1074, 1079; Pub. L. 103-141, Sec. 4(a), Nov. 16,

1993, 107 Stat. 1489; Pub. L. 103-322, title IV, Sec. 40303, Sept.

13, 1994, 108 Stat. 1942; Pub. L. 104-317, title III, Sec. 309(b),

Oct. 19, 1996, 110 Stat. 3853; Pub. L. 106-274, Sec. 4(d), Sept.

22, 2000, 114 Stat. 804.)

-REFTEXT-

REFERENCES IN TEXT

Title 13 of the Revised Statutes, referred to in subsec. (a), was

in the original "this Title" meaning title 13 of the Revised

Statutes, consisting of R.S. Secs. 530 to 1093. For complete

classification of R.S. Secs. 530 to 1093 to the Code, see Tables.

Title 24 of the Revised Statutes, referred to in subsec. (a), was

in the original "Title 'Civil Rights,' " meaning title 24 of the

Revised Statutes, consisting of R.S. Secs. 1977 to 1991, which are

classified to sections 1981 to 1983, 1985 to 1987, and 1989 to 1994

of this title. For complete classification of R.S. Secs. 1977 to

1991 to the Code, see Tables.

Title 70 of the Revised Statutes, referred to in subsec. (a), was

in the original "Title 'Crimes,' " meaning title 70 of the Revised

Statutes, consisting of R.S. Secs. 5323 to 5550. For complete

classification of R.S. Secs. 5323 to 5550, see Tables.

Title IX of Public Law 92-318, referred to in subsec. (b), is

title IX of Pub. L. 92-318, June 23, 1972, 86 Stat. 373, as

amended, known as the Patsy Takemoto Mink Equal Opportunity in

Education Act, which is classified principally to chapter 38 (Sec.

1681 et seq.) of Title 20, Education. For complete classification

of title IX to the Code, see Short Title note set out under section

1681 of Title 20 and Tables.

The Religious Freedom Restoration Act of 1993, referred to in

subsec. (b), is Pub. L. 103-141, Nov. 16, 1993, 107 Stat. 1488,

which is classified principally to chapter 21B (Sec. 2000bb et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2000bb of this

title and Tables.

The Religious Land Use and Institutionalized Persons Act of 2000,

referred to in subsec. (b), is Pub. L. 106-274, Sept. 22, 2000, 114

Stat. 803, which is classified principally to chapter 21C (Sec.

2000cc et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 2000cc

of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified generally to subchapter V

(Sec. 2000d et seq.) of this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

-COD-

CODIFICATION

R.S. Sec. 722 derived from acts Apr. 9, 1866, ch. 31, Sec. 3, 14

Stat. 27; May 31, 1870, ch. 114, Sec. 18, 16 Stat. 144.

Section was formerly classified to section 729 of Title 28 prior

to the general revision and enactment of Title 28, Judiciary and

Judicial Procedure, by act June 25, 1948, ch. 646, Sec. 1, 62 Stat.

869.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-274 inserted "the Religious Land

Use and Institutionalized Persons Act of 2000," after "Religious

Freedom Restoration Act of 1993," and deleted comma after "section

13981 of this title,".

1996 - Subsec. (b). Pub. L. 104-317 inserted before period at end

", except that in any action brought against a judicial officer for

an act or omission taken in such officer's judicial capacity such

officer shall not be held liable for any costs, including

attorney's fees, unless such action was clearly in excess of such

officer's jurisdiction".

1994 - Subsec. (b). Pub. L. 103-322, which directed the amendment

of the last sentence of this section by striking "or" after

"92-318," and by inserting ", or section 13981 of this title,"

after "1964", was executed to subsec. (b) of this section by

striking "or" after "Act of 1993," and by inserting ", or section

13981 of this title," after "1964", to reflect the probable intent

of Congress and amendments by Pub. L. 102-166 and Pub. L. 103-141.

See 1993 and 1991 Amendment notes below.

1993 - Subsec. (b). Pub. L. 103-141 inserted "the Religious

Freedom Restoration Act of 1993," before "or title VI".

1991 - Subsec. (a). Pub. L. 102-166, Sec. 113(a)(1), designated

first sentence of existing provisions as subsec. (a).

Subsec. (b). Pub. L. 102-166, Secs. 103, 113(a)(1), designated

second sentence of existing provisions as subsec. (b) and inserted

"1981a," after "1981,".

Subsec. (c). Pub. L. 102-166, Sec. 113(a)(2), added subsec. (c).

1980 - Pub. L. 96-481 struck out "or in any civil action or

proceeding, by or on behalf of the United States of America, to

enforce, or charging a violation of, a provision of the United

States Internal Revenue Code,".

1976 - Pub. L. 94-559 authorized the court, in its discretion, to

allow a reasonable attorney's fee as part of the prevailing party's

costs.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as

otherwise provided, see section 402 of Pub. L. 102-166, set out as

a note under section 1981 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-481 effective Oct. 1, 1981, and

applicable to adversary adjudication as defined in section

504(b)(1)(C) of Title 5, Government Organization and Employees, and

to civil actions and adversary adjudications described in section

2412 of Title 28, Judiciary and Judicial Procedure, which are

pending on, or commenced on or after Oct. 1, 1981, see section 208

of Pub. L. 96-481, set out as an Effective Date note under section

2412 of Title 28.

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-559, Sec. 1, Oct. 19, 1976, 90 Stat. 2641, provided:

"That this Act [amending this section] may be cited as 'The Civil

Rights Attorney's Fees Awards Act of 1976'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 1997e, 3602 of

this title.

-End-

-CITE-

42 USC Sec. 1989 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1989. United States magistrate judges; appointment of persons

to execute warrants

-STATUTE-

The district courts of the United States and the district courts

of the Territories, from time to time, shall increase the number of

United States magistrate judges, so as to afford a speedy and

convenient means for the arrest and examination of persons charged

with the crimes referred to in section 1987 of this title; and such

magistrate judges are authorized and required to exercise all the

powers and duties conferred on them herein with regard to such

offenses in like manner as they are authorized by law to exercise

with regard to other offenses against the laws of the United

States. Said magistrate judges are empowered, within their

respective counties, to appoint, in writing, under their hands, one

or more suitable persons, from time to time, who shall execute all

such warrants or other process as the magistrate judges may issue

in the lawful performance of their duties, and the persons so

appointed shall have authority to summon and call to their aid the

bystanders or posse comitatus of the proper county, or such portion

of the land or naval forces of the United States, or of the

militia, as may be necessary to the performance of the duty with

which they are charged; and such warrants shall run and be executed

anywhere in the State or Territory within which they are issued.

-SOURCE-

(R.S. Secs. 1983, 1984; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat.

1167; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82

Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104

Stat. 5117.)

-COD-

CODIFICATION

R.S. Secs. 1983 and 1984 derived from acts Apr. 9, 1866, ch. 31,

Secs. 4, 5, 14 Stat. 28; May 31, 1870, ch. 114, Secs. 9, 10, 16

Stat. 142.

Section was formerly classified to section 50 of Title 8, Aliens

and Nationality.

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" and "magistrate judges"

substituted in text for "magistrates" wherever appearing pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrates" substituted for "commissioners" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

"District courts" substituted for "circuit courts" on authority

of section 291 of act Mar. 3, 1911.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1990, 1991 of this title.

-End-

-CITE-

42 USC Sec. 1990 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1990. Marshal to obey precepts; refusing to receive or execute

process

-STATUTE-

Every marshal and deputy marshal shall obey and execute all

warrants or other process, when directed to him, issued under the

provisions of section 1989 of this title. Every marshal and deputy

marshal who refuses to receive any warrant or other process when

tendered to him, issued in pursuance of the provisions of this

section, or refuses or neglects to use all proper means diligently

to execute the same, shall be liable to a fine in the sum of

$1,000, for the benefit of the party aggrieved thereby.

-SOURCE-

(R.S. Secs. 1985, 5517.)

-COD-

CODIFICATION

R.S. Sec. 1985 derived from acts Apr. 9, 1866, ch. 31, Sec. 5, 14

Stat. 28; May 31, 1870, ch. 114, Sec. 10, 16 Stat. 142.

R.S. Sec. 5517 derived from act May 31, 1870, ch. 114, Sec. 10,

16 Stat. 142.

Section was formerly classified to section 51 of Title 8, Aliens

and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1987, 1992 of this title.

-End-

-CITE-

42 USC Sec. 1991 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1991. Fees; persons appointed to execute process

-STATUTE-

Every person appointed to execute process under section 1989 of

this title shall be entitled to a fee of $5 for each party he may

arrest and take before any United States magistrate judge, with

such other fees as may be deemed reasonable by the magistrate judge

for any additional services necessarily performed by him, such as

attending at the examination, keeping the prisoner in custody, and

providing him with food and lodging during his detention, and until

the final determination of the magistrate judge; such fees to be

made up in conformity with the fees usually charged by the officers

of the courts of justice within the proper district or county, as

near as may be practicable, and paid out of the Treasury of the

United States on the certificate of the judge of the district

within which the arrest is made, and to be recoverable from the

defendant as part of the judgment in case of conviction.

-SOURCE-

(R.S. Sec. 1987; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17,

1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117.)

-COD-

CODIFICATION

R.S. Sec. 1987 derived from acts Apr. 9, 1866, ch. 31, Sec. 7, 14

Stat. 29; May 31, 1870, ch. 114, Sec. 12, 16 Stat. 143.

Section was formerly classified to section 53 of Title 8, Aliens

and Nationality.

-CHANGE-

CHANGE OF NAME

"United States magistrate judge" and "magistrate judge"

substituted in text for "magistrate" wherever appearing pursuant to

section 321 of Pub. L. 101-650, set out as a note under section 631

of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrate" substituted for "commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-End-

-CITE-

42 USC Sec. 1992 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1992. Speedy trial

-STATUTE-

Whenever the President has reason to believe that offenses have

been, or are likely to be committed against the provisions of

section 1990 of this title or of section 5506 to 5516 and 5518 to

5532 of the Revised Statutes, within any judicial district, it

shall be lawful for him, in his discretion, to direct the judge,

marshal, and United States attorney of such district to attend at

such place within the district, and for such time as he may

designate, for the purpose of the more speedy arrest and trial of

persons so charged, and it shall be the duty of every judge or

other officer, when any such requisition is received by him to

attend at the place and for the time therein designated.

-SOURCE-

(R.S. Sec. 1988; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)