
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: 42USC2000aa-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 21A--PRIVACY PROTECTION
 
            SUBCHAPTER I--FIRST AMENDMENT PRIVACY PROTECTION
 
              Part B--Remedies, Exceptions, and Definitions
 
Sec. 2000aa-6. Civil actions by aggrieved persons


(a) Right of action

    A person aggrieved by a search for or seizure of materials in 
violation of this chapter shall have a civil cause of action for damages 
for such search or seizure--
        (1) against the United States, against a State which has waived 
    its sovereign immunity under the Constitution to a claim for damages 
    resulting from a violation of this chapter, or against any other 
    governmental unit, all of which shall be liable for violations of 
    this chapter by their officers or employees while acting within the 
    scope or under color of their office or employment; and
        (2) against an officer or employee of a State who has violated 
    this chapter while acting within the scope or under color of his 
    office or employment, if such State has not waived its sovereign 
    immunity as provided in paragraph (1).

(b) Good faith defense

    It shall be a complete defense to a civil action brought under 
paragraph (2) of subsection (a) of this section that the officer or 
employee had a reasonable good faith belief in the lawfulness of his 
conduct.

(c) Official immunity

    The United States, a State, or any other governmental unit liable 
for violations of this chapter under subsection (a)(1) of this section, 
may not assert as a defense to a claim arising under this chapter the 
immunity of the officer or employee whose violation is complained of or 
his reasonable good faith belief in the lawfulness of his conduct, 
except that such a defense may be asserted if the violation complained 
of is that of a judicial officer.

(d) Exclusive nature of remedy

    The remedy provided by subsection (a)(1) of this section against the 
United States, a State, or any other governmental unit is exclusive of 
any other civil action or proceeding for conduct constituting a 
violation of this chapter, against the officer or employee whose 
violation gave rise to the claim, or against the estate of such officer 
or employee.

(e) Admissibility of evidence

    Evidence otherwise admissible in a proceeding shall not be excluded 
on the basis of a violation of this chapter.

(f) Damages; costs and attorneys' fees

    A person having a cause of action under this section shall be 
entitled to recover actual damages but not less than liquidated damages 
of $1,000, and such reasonable attorneys' fees and other litigation 
costs reasonably incurred as the court, in its discretion, may award: 
Provided, however, That the United States, a State, or any other 
governmental unit shall not be liable for interest prior to judgment.

(g) Attorney General; claims settlement; regulations

    The Attorney General may settle a claim for damages brought against 
the United States under this section, and shall promulgate regulations 
to provide for the commencement of an administrative inquiry following a 
determination of a violation of this chapter by an officer or employee 
of the United States and for the imposition of administrative sanctions 
against such officer or employee, if warranted.

(h) Jurisdiction

    The district courts shall have original jurisdiction of all civil 
actions arising under this section.

(Pub. L. 96-440, title I, Sec. 106, Oct. 13, 1980, 94 Stat. 1880.)
