Sec. 9. Liability of certain government officials
584 words·~3 min read·
/bill/117/hr/9219/ih/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Revised Statute 1979 ( 42 U.S.C. 1983 ) is amended by inserting of the United States or before of any State . In any action under Revised Statute 1979, the following shall apply: The term State includes any person or entity that undertakes action under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia. A private person or entity undertakes action under color of any statute, ordinance, regulation, custom, or usage, of the United States or of any State or Territory or the District of Columbia, when— undertaking a public function delegated by the United States or by a State or local government; voluntarily undertaking a public function; acting in concert with the United States or a State or local government or acting in concert with an individual officer, agent, or entity of the United States or a State or local government; engaging in joint action towards a common goal or plan with the United States or a State or local government or engaging in joint action towards a common goal or plan with an individual officer, agent, or entity of the United States or of a State or local government; engaged in a conspiracy with the United States or a State or local government or engaged in a conspiracy with an individual officer, agent, or entity of the United States or of a State or local government; a close nexus exists between the private person or entity and the United States or a State or local government or a close nexus exists between an individual officer, agent, or entity of the United States or a State or local government; the activities of the private person or entity is so entwined with the United States or a State or local government or an individual officer, agent, or entity of the United States or of a State or local government such that the private person or entity is fairly considered to be acting under color of law; or otherwise exercises powers traditionally reserved to the United States or to State or local government.
A private person or entity is presumed to be acting under color of law when, pursuant to a contract or other legally binding agreement with the United States or with a State or local government, the private person or entity exercises any power of the United States or of that State or local government or the private person or entity otherwise undertakes the administration, operations, or other activities of: the judiciary, law enforcement, public education, jails or prisons, elections, municipal water services, municipal waste removal, evictions, public parks, or public benefits programs.
Qualified immunity is not a defense in an action brought against any person who under color of any statute, ordinance, regulation, custom, or usage, of the United States or 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. In the case of any official of any political subdivision of the United States or of a State, if that official, acting under color of law, violates any provision of this Act, that official shall be amenable to any suit under this Act, and the political subdivision may be held liable for the acts of that official, whether acting in his or her official or individual capacity.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 9
Liability of certain government officials
Cites 1Cited by 0 across 0 sources