
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1997a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                SUBCHAPTER I-A--INSTITUTIONALIZED PERSONS
 
Sec. 1997a. Initiation of civil actions


(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 attorney's 
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. 96-247, Sec. 3, May 23, 1980, 94 Stat. 350; Pub. L. 104-134, 
title I, Sec. 101[(a)] [title VIII, Sec. 803(a)], Apr. 26, 1996, 110 
Stat. 1321, 1321-70; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 
2, 1996, 110 Stat. 1327.)


                               Amendments

    1996--Subsec. (c). Pub. L. 104-134 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1997b, 1997e, 1997h of this 
title.
