Notes on 42 U.S.C. § 1988 : US Code - Notes

Search Notes on 42 U.S.C. § 1988 : US Code - Notes

(R.S. Sec. 722; Pub. L. 94-559, Sec. 2, Oct. 19, 1976, 90 Stat.
2641; Pub. L. 96-481, title II, Sec. 205(c), Oct. 21, 1980, 94
Stat. 2330; Pub. L. 102-166, title I, Secs. 103, 113(a), Nov. 21,
1991, 105 Stat. 1074, 1079; Pub. L. 103-141, Sec. 4(a), Nov. 16,
1993, 107 Stat. 1489; Pub. L. 103-322, title IV, Sec. 40303, Sept.
13, 1994, 108 Stat. 1942; Pub. L. 104-317, title III, Sec. 309(b),
Oct. 19, 1996, 110 Stat. 3853; Pub. L. 106-274, Sec. 4(d), Sept.
22, 2000, 114 Stat. 804.)
REFERENCES IN TEXT
Title 13 of the Revised Statutes, referred to in subsec. (a), was
in the original "this Title" meaning title 13 of the Revised
Statutes, consisting of R.S. Secs. 530 to 1093. For complete
classification of R.S. Secs. 530 to 1093 to the Code, see Tables.
Title 24 of the Revised Statutes, referred to in subsec. (a), was
in the original "Title 'Civil Rights,' " meaning title 24 of the
Revised Statutes, consisting of R.S. Secs. 1977 to 1991, which are
classified to sections 1981 to 1983, 1985 to 1987, and 1989 to 1994
of this title. For complete classification of R.S. Secs. 1977 to
1991 to the Code, see Tables.
Title 70 of the Revised Statutes, referred to in subsec. (a), was
in the original "Title 'Crimes,' " meaning title 70 of the Revised
Statutes, consisting of R.S. Secs. 5323 to 5550. For complete
classification of R.S. Secs. 5323 to 5550, see Tables.
Title IX of Public Law 92-318, referred to in subsec. (b), is
title IX of Pub. L. 92-318, June 23, 1972, 86 Stat. 373, as
amended, known as the Patsy Takemoto Mink Equal Opportunity in
Education Act, which is classified principally to chapter 38 (Sec.
1681 et seq.) of Title 20, Education. For complete classification
of title IX to the Code, see Short Title note set out under section
1681 of Title 20 and Tables.
The Religious Freedom Restoration Act of 1993, referred to in
subsec. (b), is Pub. L. 103-141, Nov. 16, 1993, 107 Stat. 1488,
which is classified principally to chapter 21B (Sec. 2000bb et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2000bb of this
title and Tables.
The Religious Land Use and Institutionalized Persons Act of 2000,
referred to in subsec. (b), is Pub. L. 106-274, Sept. 22, 2000, 114
Stat. 803, which is classified principally to chapter 21C (Sec.
2000cc et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 2000cc
of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
Civil Rights Act of 1964 is classified generally to subchapter V
(Sec. 2000d et seq.) of this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section
2000a of this title and Tables.
CODIFICATION
R.S. Sec. 722 derived from acts Apr. 9, 1866, ch. 31, Sec. 3, 14
Stat. 27; May 31, 1870, ch. 114, Sec. 18, 16 Stat. 144.
Section was formerly classified to section 729 of Title 28 prior
to the general revision and enactment of Title 28, Judiciary and
Judicial Procedure, by act June 25, 1948, ch. 646, Sec. 1, 62 Stat.
869.
AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-274 inserted "the Religious Land
Use and Institutionalized Persons Act of 2000," after "Religious
Freedom Restoration Act of 1993," and deleted comma after "section
13981 of this title,".
1996 - Subsec. (b). Pub. L. 104-317 inserted before period at end
", except that in any action brought against a judicial officer for
an act or omission taken in such officer's judicial capacity such
officer shall not be held liable for any costs, including
attorney's fees, unless such action was clearly in excess of such
officer's jurisdiction".
1994 - Subsec. (b). Pub. L. 103-322, which directed the amendment
of the last sentence of this section by striking "or" after "92-
318," and by inserting ", or section 13981 of this title," after
"1964", was executed to subsec. (b) of this section by striking
"or" after "Act of 1993," and by inserting ", or section 13981 of
this title," after "1964", to reflect the probable intent of
Congress and amendments by Pub. L. 102-166 and Pub. L. 103-141. See
1993 and 1991 Amendment notes below.
1993 - Subsec. (b). Pub. L. 103-141 inserted "the Religious
Freedom Restoration Act of 1993," before "or title VI".
1991 - Subsec. (a). Pub. L. 102-166, Sec. 113(a)(1), designated
first sentence of existing provisions as subsec. (a).
Subsec. (b). Pub. L. 102-166, Secs. 103, 113(a)(1), designated
second sentence of existing provisions as subsec. (b) and inserted
"1981a," after "1981,".
Subsec. (c). Pub. L. 102-166, Sec. 113(a)(2), added subsec. (c).
1980 - Pub. L. 96-481 struck out "or in any civil action or
proceeding, by or on behalf of the United States of America, to
enforce, or charging a violation of, a provision of the United
States Internal Revenue Code,".
1976 - Pub. L. 94-559 authorized the court, in its discretion, to
allow a reasonable attorney's fee as part of the prevailing party's
costs.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as
otherwise provided, see section 402 of Pub. L. 102-166, set out as
a note under section 1981 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-481 effective Oct. 1, 1981, and
applicable to adversary adjudication as defined in section
504(b)(1)(C) of Title 5, Government Organization and Employees, and
to civil actions and adversary adjudications described in section
2412 of Title 28, Judiciary and Judicial Procedure, which are
pending on, or commenced on or after Oct. 1, 1981, see section 208
of Pub. L. 96-481, set out as an Effective Date note under section
2412 of Title 28.
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-559, Sec. 1, Oct. 19, 1976, 90 Stat. 2641, provided:
"That this Act [amending this section] may be cited as 'The Civil
Rights Attorney's Fees Awards Act of 1976'."