HR 4938 · 98th Congress · Law
A bill to provide a special defense to the liability of political subdivisions to States under section 1979 of the Revised Statutes (42 U.S.C. 1983) relating to civil actions for the deprivation of rights.
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Executive Comment Requested from Civil Rights Comm.(1984-10-17)
Plain Language Summary
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Amends the Civil Rights Act of 1964 (Revised Statutes) to prohibit the award of damages against any Federal, State, or local governmental entity in any action for the deprivation of rights where the court finds that the officials involved acted in good faith. Amends the Civil Rights Attorneys' Fees Awards Act of 1976 to limit the award of Attorneys' fees in certain civil rights actions. States that attorneys' fees should be awarded: (1) to prevailing plaintiffs unless special circumstances would make the award unjust; and (2) to prevailing defendants if the plaintiff's claim is found to be frivolous, unreasonable, or groundless, or that the plaintiff persisted in litigating after it clearly became so, even though there was no subjective bad faith. Allows attorneys' fees where a party prevails on another claim which is merely pendent to a civil rights claim only if the court finds that the civil rights claim has sufficient merit to have justified a separate suit. Prohibits the award of fees for any litigation following rejection of a settlement offer substantially favorable to the prevailing party. Allows fees where a claim is mooted by a change in Government policy only if the pend…
Summarized by Claude AI · Non-partisan · For informational purposes only