42 U.S.C. § 1986 — Action for neglect to prevent

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