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U.S. Code as of:
01/19/04
Section 1997c. Intervention in actions
(a) Discretionary authority of Attorney General; preconditions;
time period
(1) Whenever an action has been commenced in any court of the
United States seeking relief from egregious or flagrant conditions
which deprive persons residing in institutions of any rights,
privileges, or immunities secured or protected by the Constitution
or laws of the United States causing them to suffer grievous harm
and the Attorney General has reasonable cause to believe 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
intervene in such action upon motion by the Attorney General.
(2) The Attorney General shall not file a motion to intervene
under paragraph (1) before 90 days after the commencement of the
action, except that if the court determines it would be in the
interests of justice, the court may shorten or waive the time
period.
(b) Certification requirements by Attorney General
(1) The Attorney General shall certify to the court in the motion
to intervene filed under subsection (a) of this section -
(A) that the Attorney General has notified in writing, at least
fifteen days previously, the Governor or chief executive officer,
attorney general or chief legal officer of the appropriate State
or political subdivision, and the director of the institution of
-
(i) the alleged conditions which deprive rights, privileges,
or immunities secured or protected by the Constitution or laws
of the United States and the alleged pattern or practice of
resistance to the full enjoyment of such rights, privileges, or
immunities;
(ii) the supporting facts giving rise to the alleged
conditions, including the dates and time period during which
the alleged conditions and pattern or practice of resistance
occurred; and
(iii) to the extent feasible and consistent with the
interests of other plaintiffs, the minimum measures which the
Attorney General believes may remedy the alleged conditions and
the alleged pattern or practice of resistance; and
(B) that the Attorney General believes that such intervention
by the United States is of general public importance and will
materially further the vindication of rights, privileges, or
immunities secured or protected by the Constitution or laws of
the United States.
(2) The Attorney General shall personally sign any certification
made pursuant to this section.
(c) Attorney General to personally sign motion to intervene
The Attorney General shall personally sign any motion to
intervene made pursuant to this section.
(d) Discretionary award of attorney fees; other award provisions
unaffected
In any action in which the United States joins as an intervenor
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. Nothing in this subsection
precludes the award of attorney's fees available under any other
provisions of the United States Code.
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