42 U.S.C. § 1985 — Conspiracy to interfere with civil rights

Page 5236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1983 (c) refuse to approve a lending institution or any other lender as a beneficiary under any program admin- istered by it which is affected by this order or revoke such approval if previously given. SEC. 303. In appropriate cases executive departments and agencies shall refer to the Attorney General viola- tions of any rules, regulations, or procedures issued or adopted pursuant to this order, or violations of any nondiscrimination provisions included in any agree- ment or contract, for such civil or criminal action as he may deem appropriate. The Attorney General is au- thorized to furnish legal advice concerning this order to the Committee and to any department or agency re- questing such advice. SEC. 304. Any executive department or agency af- fected by this order may also invoke the sanctions pro- vided in Section 302 where any person or firm, includ- ing a lender, has violated the rules, regulations, or pro- cedures issued or adopted pursuant to this order, or the nondiscrimination provisions included in any agree- ment or contract, with respect to any program affected by this order administered by any other executive de- partment or agency. PART IV—ESTABLISHMENT OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] PART V—POWERS AND DUTIES OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING SEC. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] SEC. 502. (a) The Committee shall take such steps as it deems necessary and appropriate to promote the co- ordination of the activities of departments and agen- cies under this order. In so doing, the Committee shall consider the overall objectives of Federal legislation relating to housing and the right of every individual to participate without discrimination because of race, color, religion (creed), sex, disability, familial status or national origin in the ultimate benefits of the Federal programs subject to this order. (b) The Committee may confer with representatives of any department or agency, State or local public agency, civic, industry, or labor group, or any other group directly or indirectly affected by this order; ex- amine the relevant rules, regulations, procedures, poli- cies, and practices of any department or agency subject to this order and make such recommendations as may be necessary or desirable to achieve the purposes of this order. (c) The Committee shall encourage educational pro- grams by civic, educational, religious, industry, labor, and other nongovernmental groups to eliminate the basic causes of discrimination in housing and related facilities provided with Federal assistance. SEC. 503. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] PART VI—MISCELLANEOUS SEC. 601. As used in this order, the term ‘‘depart- ments and agencies’’ includes any wholly-owned or mixed-ownership Government corporation, and the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories of the United States. SEC. 602. This order shall become effective imme- diately. [Functions of President’s Committee on Equal Oppor- tunity in Housing under Ex. Ord. No. 11063 delegated to Secretary of Housing and Urban Development by Ex. Ord. No. 12892, § 6–604(a), Jan. 17, 1994, 59 F.R. 2939, set out as a note under section 3608 of this title.] § 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, 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, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial of- ficer for an act or omission taken in such offi- cer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Con- gress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct. 19, 1996, 110 Stat. 3853.) Editorial Notes CODIFICATION R.S. § 1979 derived from act Apr. 20, 1871, ch. 22, § 1, 17 Stat. 13. Section was formerly classified to section 43 of Title 8, Aliens and Nationality. AMENDMENTS 1996—Pub. L. 104–317 inserted before period at end of first sentence ‘‘, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable’’. 1979—Pub. L. 96–170 inserted ‘‘or the District of Co- lumbia’’ after ‘‘Territory’’, and provisions relating to Acts of Congress applicable solely to the District of Co- lumbia. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under section 1343 of Title 28, Judiciary and Ju- dicial Procedure. § 1984. Omitted Editorial Notes CODIFICATION Section, act Mar. 1, 1875, ch. 114, § 5, 18 Stat. 337, which was formerly classified to section 46 of Title 8, Aliens and Nationality, related to Supreme Court re- view of cases arising under act Mar. 1, 1875. Sections 1 and 2 of act Mar. 1, 1875 were declared unconstitutional in U.S. v. Singleton, 109 U.S. 3, and sections 3 and 4 of such act were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862. § 1985. Conspiracy to interfere with civil rights (1) Preventing officer from performing duties If two or more persons in any State or Terri- tory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any du- ties thereof; or to induce by like means any offi- Page 5237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1987 cer of the United States to leave any State, dis- trict, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful dis- charge of the duties of his office, or while en- gaged in the lawful discharge thereof, or to in- jure his property so as to molest, interrupt, hinder, or impede him in the discharge of his of- ficial duties; (2) Obstructing justice; intimidating party, wit- ness, or juror If two or more persons in any State or Terri- tory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on ac- count of his having so attended or testified, or to influence the verdict, presentment, or indict- ment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, present- ment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the pur- pose of impeding, hindering, obstructing, or de- feating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforc- ing, or attempting to enforce, the right of any person, or class of persons, to the equal protec- tion of the laws; (3) Depriving persons of rights or privileges If two or more persons in any State or Terri- tory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any per- son or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or prop- erty, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occa- sioned by such injury or deprivation, against any one or more of the conspirators. (R.S. § 1980.) Editorial Notes CODIFICATION R.S. § 1980 derived from acts July 31, 1861, ch. 33, 12 Stat. 284; Apr. 20, 1871, ch. 22, § 2, 17 Stat. 13. Section was formerly classified to section 47 of Title 8, Aliens and Nationality. § 1986. Action for neglect to prevent Every person who, having knowledge that any of the wrongs conspired to be done, and men- tioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party in- jured, or his legal representatives, for all dam- ages caused by such wrongful act, which such person by reasonable diligence could have pre- vented; and such damages may be recovered in an action on the case; and any number of per- sons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representa- tives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued. (R.S. § 1981.) Editorial Notes CODIFICATION R.S. § 1981 derived from act Apr. 20, 1871, ch. 22, § 6, 17 Stat. 15. Section was formerly classified to section 48 of Title 8, Aliens and Nationality. § 1987. Prosecution of violation of certain laws The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is espe- cially empowered by the President, are author- ized and required, at the expense of the United States, to institute prosecutions against all per- sons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cog- nizance of the offense. (R.S. § 1982; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of the Revised Statutes, referred to in text, were repealed