
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-274 Section 4(d)]
[CITE: 42USC1988]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 1988. Proceedings in vindication of civil rights


(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.], title VI of the Civil Rights Act of 
1964 [42 U.S.C. 2000d et seq.], or section 13981 of this title,,\1\ 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.
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    \1\ So in original.
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(c) Expert fees

    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.

(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.)

                       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, popularly 
known as the Education Amendments of 1972, which is classified 
principally to chapter 38 (Sec. 1681 et seq.) of Title 20, Education. 
For complete classification of this Act to the Code, see 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 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.

                          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.


                               Amendments

    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'.''


                    Federal Rules of Civil Procedure

    Effect of Rule 69 on this section, see note by Advisory Committee 
under said Rule, Title 28, Appendix, Judiciary and Judicial Procedure.
    Execution, see Rule 69.


                   Federal Rules of Criminal Procedure

    Scope and application, see Rules 1 and 54, Title 18, Appendix, 
Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

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