Sec. 402. Enforcement—civil rights compliance

293 words·~1 min read·/bill/113/hr/3560/ih/section-402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Officer for Civil Rights and Civil Liberties may— request the assistance of the Inspector General to investigate compliance with civil rights protection standards and complaints of racial profiling by law enforcement agencies in contravention of the requirements of this Act; suspend the eligibility of State, local or tribal law enforcement agency to receive, or revoke grants for violations of the requirements of this Act, until such time that the practices of the agency are brought into compliance with this Act; and suspend the eligibility of State, local or tribal law enforcement agency to receive training at Federal law enforcement training facilities for violations of the requirements of this Act, until such time that the practices of the agency are brought into compliance with this Act.

The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States. In any action brought under this title, relief may be obtained against— any governmental body that employed any law enforcement agent who engaged in racial profiling; any agent of such body who engaged in racial profiling; and any person with supervisory authority over such agent.

Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities shall constitute prima facie evidence of a violation of this title. In any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee.