42 U.S.C. § 2000a-5 : US Code - Section 2000A-5: Civil actions by the Attorney General
Search 42 U.S.C. § 2000a-5 : US Code - Section 2000A-5: Civil actions by the Attorney General
(a) Complaint
Whenever the Attorney General has reasonable cause to believe
that any person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the rights
secured by this subchapter, and that the pattern or practice is of
such a nature and is intended to deny the full exercise of the
rights herein described, the Attorney General may bring a civil
action in the appropriate district court of the United States by
filing with it a complaint (1) signed by him (or in his absence the
Acting Attorney General), (2) setting forth facts pertaining to
such pattern or practice, and (3) requesting such preventive
relief, including an application for a permanent or temporary
injunction, restraining order or other order against the person or
persons responsible for such pattern or practice, as he deems
necessary to insure the full enjoyment of the rights herein
described.
(b) Three-judge district court for cases of general public
importance: hearing, determination, expedition of action, review
by Supreme Court; single judge district court: hearing,
determination, expedition of action
In any such proceeding the Attorney General may file with the
clerk of such court a request that a court of three judges be
convened to hear and determine the case. Such request by the
Attorney General shall be accompanied by a certificate that, in his
opinion, the case is of general public importance. A copy of the
certificate and request for a three-judge court shall be
immediately furnished by such clerk to the chief judge of the
circuit (or in his absence, the presiding circuit judge of the
circuit) in which the case is pending. Upon receipt of the copy of
such request it shall be the duty of the chief judge of the circuit
or the presiding circuit judge, as the case may be, to designate
immediately three judges in such circuit, of whom at least one
shall be a circuit judge and another of whom shall be a district
judge of the court in which the proceeding was instituted, to hear
and determine such case, and it shall be the duty of the judges so
designated to assign the case for hearing at the earliest
practicable date, to participate in the hearing and determination
thereof, and to cause the case to be in every way expedited. An
appeal from the final judgment of such court will lie to the
Supreme Court.
In the event the Attorney General fails to file such a request in
any such proceeding, it shall be the duty of the chief judge of the
district (or in his absence, the acting chief judge) in which the
case is pending immediately to designate a judge in such district
to hear and determine the case. In the event that no judge in the
district is available to hear and determine the case, the chief
judge of the district, or the acting chief judge, as the case may
be, shall certify this fact to the chief judge of the circuit (or
in his absence, the acting chief judge) who shall then designate a
district or circuit judge of the circuit to hear and determine the
case.
It shall be the duty of the judge designated pursuant to this
section to assign the case for hearing at the earliest practicable
date and to cause the case to be in every way expedited.
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