BILL TO AUTHORIZE ACTIONS FOR REDRESS IN CASES INVOLVING DEPRIVATIONS OF RIGHTS OF INSTITUTIONALIZED PERSONS SECURED OR PROTECTED BY THE CONSTITUTION OR LAWS OF THE UNITED STATES - SENATE, 96TH CONGRESS, JANUARY 15, 1979

• NCJ Number: 54550
• Author(s): ANON
• Date Published: 1979
• Length: 6 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

SENATE BILL S.10 AS REFERRED TO THE COMMITTEE ON THE JUDICIARY WOULD AUTHORIZE CAUSES OF ACTION FOR REDRESS IN CASES INVOLVING DEPRIVATIONS OF THE CONSTITUTIONAL RIGHTS OF INSTITUTIONALIZED PERSONS.

Abstract

SENATE BILL S.10 OF THE 96TH CONGRESS WAS INTRODUCED BY SENATOR BAYH ON JANUARY 15, 1979. IF ENACTED BY THE CONGRESS THE BILL WOULD GRANT THE ATTORNEY GENERAL AUTHORITY TO INSTITUTE CIVIL SUITS IN FEDERAL COURT AGAINST ANYONE WHO, WITH COLOR OF AUTHORITY, DEPRIVES PERSONS RESIDING IN SPECIFIC INSTITUTIONS OF THEIR CONSTITUTIONAL RIGHTS. AT THE COMMENCEMENT OF SUCH A SUIT THE ATTORNEY GENERAL WOULD BE REQUIRED TO CERTIFY TO THE COURT THAT HE HAD PREVIOUSLY NOTIFIED THE GOVERNOR OF THE STATE IN WHICH THE VIOLATION OCCURRED OF THE FACTS AND ALLEGED CONDITIONS WHICH JUSTIFY THE SUIT AND THE RECOMMENDED REMEDY FOR THE CONDITIONS. THE ATTORNEY GENERAL MUST ALSO MAKE A REASONABLE EFFORT TO CONSULT WITH THE STATE'S GOVERNOR TO ELIMINATE THE CONDITIONS BY INFORMAL METHODS. ADDITIONAL PROVISIONS CONCERN THE ATTORNEY GENERAL'S AUTHORITY TO INTERVENE IN OTHER SUITS AND DEFINE THE TERM INSTITUTION TO INCLUDE PRISONS AND JAILS. (TWK)