Sec. 5. Limitation on damages incurred during commission of a felony or crime of violence
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Section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) is amended by— striking except that in any action and all that follows through relief was unavailable. and inserting the following: except that— in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and in any action seeking redress for any deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), a court may not award damages other than for necessary out-of-pocket expenditures and other monetary loss. ; and indenting the last sentence as an undesignated paragraph.
Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by striking except that in any action and all that follows and inserting the following: except that— in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of the jurisdiction of that officer; and in any action seeking redress for any deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), the court may not allow such party to recover attorney's fees. .
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Sec. 5
Limitation on damages incurred during commission of a felony or crime of violence
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