Changes in federal statute have effectively removed this remedy.
--------------------------------------------------------------------------------
Senate Rpt.104-366 - FEDERAL COURTS IMPROVEMENT ACT OF 1996--S. 1887
--------------------------------------------------------------------------------
Full Display Related Information
GPO PDF Printer Friendly Display Bill Summary and Status Full Text of Bill
--------------------------------------------------------------------------------
CHAPTER 21--CIVIL RIGHTS
SUBCHAPTER I--GENERALLY
* * * * * * *
Sec. 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
* * * * * * *
Sec. 1988. Proceedings in vindication of civil rights
(a) APPLICABILITY OF STATUTORY AND COMMON LAW-
The * * *
* * * * * * *
(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.A. Sec. 1681 et seq.], the Religious Freedom Restoration Act of 1993 [42 U.S.C.A. 2000bb et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C.A. 2000d et seq.], or section 13981 of this title,, 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.
* * * * * * *
CHAPTER 113--STATE JUSTICE INSTITUTE
* * * * * * *
Sec. 10703. Board of Directors
(a) APPOINTMENT AND MEMBERSHIP
* * * * * * *
(j) OPEN MEETINGS
All meetings of the Board, any executive committee (on such occasions as it has been delegated the authority to act for the Board) of the Board, and any council established in connection with this, shall be open and subject to the requirements and provisions of section 552b of Title 5 relating to open meetings.
(k) DUTIES AND FUNCTIONS OF BOARD
In its direction and supervision of the activities of the Institute, the Board shall--
(1) establish polices and develop such programs for the Institute that will further the achievement of its purpose and performance of its functions;
* * * * * * *
(5) consider and recommend to both public and private agencies aspects of the operation of the State courts of the United States considered worthy of special study; [Struck out->][ and ][<-Struck out]
(6) award grants and enter into cooperative agreements or contracts pursuant to section 10705(a) of the title [Struck out->][ . ][<-Struck out] ;and
(7) present an annual Howell Heflin Award in recognition of an innovative Institute-supported project that has a high likelihood of significantly improving the quality of justice in State courts across the Nation.
* * * * * * *
Sec. 10705. Grants and contracts
(a) AUTHORITY OF INSTITUTE; PURPOSES OF GRANTS-
* * * * * * *
(b) PRIORTY IN MAKING AWARDS; ALTERNATIVE RECIPIENTS; APPROVAL OF APPLICATIONS; RECEIPT AND ADMINISTRATION OF FUNDS; ACCOUNTABILITY.
The Institute is empowered to award grants and enter into cooperative agreements or contracts as follows:
(1) The Institute shall give highest priority to awarding grants to and entering into cooperative agreements or contracts with State and local courts.
[Struck out->][ (1) ][<-Struck out] (2) The Institute may award grants to or enter into cooperative agreements or contracts with--
[Struck out->][ (A) State and local courts and their agencies; ][<-Struck out]
[Struck out->][ (B) ][<-Struck out] (A) national nonprofit organizations controlled by, operating in conjunction with, and serving the judicial branches of State governments; and
[Struck out->][ C ][<-Struck out] (B) national nonprofit organizations for the education and training of judges and support personnel of the judicial branch of State governments.
[Struck out->][ (2) ][<-Struck out] (3) The Institute may, if the objective can better be served thereby, award grants to or enter into cooperative agreements or contracts with--
(A) other nonprofit organizations with expertise in judicial administration;
(B) institutions of higher education;
(C) individuals, partnerships, firms, or corporations; and
(D) private agencies with expertise in judicial administration
[Struck out->][ (3) ][<-Struck out] (4) Upon application by an appropriate State or local agency or institution and if the arrangements to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements the Institute may award a grant or enter into a cooperative agreement or contract with a unit of State or local government other than a court.
[Struck out->][ (4) ][<-Struck out] (5) The Institute may enter into contracts with Federal agencies to carry out the purposes of this chapter.
[Struck out->][ (5) ][<-Struck out] (6) Each application for funding by a State or local court shall be approved, consistent with State law, by the State's supreme court, or its designated agency or council, which shall receive, administer, and be accountable for all funds awarded by the Institute to such courts.
(7) In making grants under this title, the Institute shall undertake outreach efforts to assure the widest feasible geographical distribution of grant funds and benefits resulting from grants, consistent with its mission to award grants having the greatest likelihood of improving the quality of justice nationwide.
* * * * * * * <<< >>>
