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U.S. Code as of:
01/19/04
Section 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.
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