U.S. Code » Title 42 » Chapter CHAPTER 21— CIVIL RIGHTS › Subchapter SUBCHAPTER I–A— INSTITUTIONALIZED PERSONS

42 U.S.C. § 1997c

Intervention in actions

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(a) Discretionary authority of Attorney General; preconditions; time period(1) Whenever an action has been commenced in any court of the United States seeking relief from egregious or flagrant conditions which deprive persons residing in institutions of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing them to suffer grievous harm and the Attorney General has reasonable cause to believe that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may intervene in such action upon motion by the Attorney General.(2) The Attorney General shall not file a motion to intervene under paragraph (1) before 90 days after the commencement of the action, except that if the court determines it would be in the interests of justice, the court may shorten or waive the time period.(b) Certification requirements by Attorney General(1) The Attorney General shall certify to the court in the motion to intervene filed under subsection (a)—(A) that the Attorney General has notified in writing, at least fifteen days previously, the Governor or chief executive officer, attorney general or chief legal officer of the appropriate State or political subdivision, and the director of the institution of—(i) the alleged conditions which deprive rights, privileges, or immunities secured or protected by the Constitution or laws of the United States and the alleged pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities;(ii) the supporting facts giving rise to the alleged conditions, including the dates and time period during which the alleged conditions and pattern or practice of resistance occurred; and(iii) to the extent feasible and consistent with the interests of other plaintiffs, the minimum measures which the Attorney General believes may remedy the alleged conditions and the alleged pattern or practice of resistance; and(B) that the Attorney General believes that such intervention by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.(2) The Attorney General shall personally sign any certification made pursuant to this section.(c) Attorney General to personally sign motion to intervene

The Attorney General shall personally sign any motion to intervene made pursuant to this section.

(d) Discretionary award of attorney fees; other award provisions unaffected

In any action in which the United States joins as an intervenor under this section, the court may allow the prevailing party, other than the United States, a reasonable attorney’s fee against the United States as part of the costs. Nothing in this subsection precludes the award of attorney’s fees available under any other provisions of the United States Code.

(Pub. L. 96–247, § 5, May 23, 1980, 94 Stat. 351; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(c)], Apr. 26, 1996, 110 Stat. 1321, 1321–71; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)Editorial NotesAmendments

1996—Subsec. (b)(1)(A). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(1)(A)], substituted “the Attorney General” for “he” in introductory provisions and in cl. (iii).

Subsec. (b)(1)(B). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(1)(A)], substituted “the Attorney General” for “he”.

Subsec. (b)(2). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(1)(B)], amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any certification made by the Attorney General pursuant to this subsection shall be personally signed by him.”

Subsec. (c). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(2)], amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any motion to intervene made by the Attorney General pursuant to this section shall be personally signed by him.”

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1981–2024 · leading case: Johnson v. State of FL, 348 F.3d 1334 (11th Cir. 2003).
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Johnson v. State of FL, 348 F.3d 1334 (11th Cir. 2003). · cites it 3× “” As the prevailing party, the State moved for an award of attorney fees and costs against the DOJ pursuant to CRIPA, 42 U.S.C. § 1997c(d). The request was referred to a Magistrate Judge, who recommended granting the petition for $351,139.”
David R. Ruiz, United States of Am., Intervenor-Appellee v. W. J. Estelle, Jr., 679 F.2d 1115 (5th Cir. 1982). “News 832, 839 (“Under [Fed.R.Civ.P. 24], the United States or any other party may in timely fashion apply to a Federal court to intervene as of right or permissively.”
Anderson v. City of New Orleans, 38 F.4th 472 (5th Cir. 2022). “The United States intervened that September, pursuant to 42 U.S.C. § 1997c (intervention in actions by institutionalized persons).”
Costco Wholesale Corp. v. Hoen, 538 F.3d 1128 (9th Cir. 2008). “2003) (42 U.S.C. § 1997c(d)), and others distinguishing Zipes where the text of the relevant statute is unique, see, e.”
Devonish v. Garza, 510 F. Supp. 658 (W.D. Tex. 1981). “Section 5 of the Act, 42 U.S.C. § 1997c, addresses the situation where the Attorney General moves to intervene in an existing civil action under Rule 24, Federal Rules of Civil Procedure.”
Bovarie v. Giurbino, 421 F. Supp. 2d 1309 (S.D. Cal. 2006). “) Defendants argue that Plaintiff failed to satisfy the grievance requirements of 42 U.S.C. § 1997c(a) by failing to complete any appeal beyond the first formal level.”
Edwards v. Tarascio, 119 F. App'x 327 (2d Cir. 2005). “12(b)(6) for failure to satisfy the exhaustion requirements of the Prison Litigation Reform Act, 42 U.S.C. § 1997c (“PLRA”). Edwards brought suit against Warden John Tarascio and Corrections Officers Saundry, Bolger, Mulligan, Sandy, Paradise and Lewis.”
Hawkinson v. Trzebiatowski (E.D. Wis. 2024). · cites it 3× “21) The plaintiff filed a motion to intervene under 42 U.S.C. §1997c. Dkt. No. 21 at 1. He states that the Wisconsin Department of Corrections is “disabling and killing its prisoners[]” and that it “has adopted a circular system that delays and denies medical care[]” which…”
Anderson v. South Carolina Dep't of Corr. (D.S.C. 2020). “In the first motion for summary judgment, Defendants asserted that Plaintiff had failed to exhaust his administrative remedies as required by 42 U.S.C. § 1997c(a). In their second motion for summary judgment, Defendants assert that (1) SCDC and Warden Lewis, in his official…”
Washington v. United States (D.S.C. 2022). “” 42 U.S.C. § 1997c(a)(1). This in keeping with Congress’s disparate treatment of state prisons—where federal oversight is more limited and prisoners may file private constitutional claims under 42 U.”
Sutherland v. Shanahan, 108 F. Supp. 3d 172 (S.D.N.Y. 2015). “See 42 U.S.C.A. § 1997c(a)(2) (“The Attorney General shall not file a motion to intervene under paragraph (1) before 90 days after the commencement of the action, except -that if the court determines it would be in the interests of justice, the court may shorten or waive the…”
— 42 U.S.C. § 1997c(a) — 3 cases
Bovarie v. Giurbino, 421 F. Supp. 2d 1309 (S.D. Cal. 2006). “) Defendants argue that Plaintiff failed to satisfy the grievance requirements of 42 U.S.C. § 1997c(a) by failing to complete any appeal beyond the first formal level.”
Anderson v. South Carolina Dep't of Corr. (D.S.C. 2020). “In the first motion for summary judgment, Defendants asserted that Plaintiff had failed to exhaust his administrative remedies as required by 42 U.S.C. § 1997c(a). In their second motion for summary judgment, Defendants assert that (1) SCDC and Warden Lewis, in his official…”
Hawkinson v. Trzebiatowski (E.D. Wis. 2024). “21) The plaintiff filed a motion to intervene under 42 U.S.C. §1997c. Dkt. No. 21 at 1. He states that the Wisconsin Department of Corrections is “disabling and killing its prisoners[]” and that it “has adopted a circular system that delays and denies medical care[]” which…”
— 42 U.S.C. § 1997c(a)(1) — 1 case
Washington v. United States (D.S.C. 2022). “” 42 U.S.C. § 1997c(a)(1). This in keeping with Congress’s disparate treatment of state prisons—where federal oversight is more limited and prisoners may file private constitutional claims under 42 U.”
— 42 U.S.C. § 1997c(a)(2) — 1 case
Sutherland v. Shanahan, 108 F. Supp. 3d 172 (S.D.N.Y. 2015). “See 42 U.S.C.A. § 1997c(a)(2) (“The Attorney General shall not file a motion to intervene under paragraph (1) before 90 days after the commencement of the action, except -that if the court determines it would be in the interests of justice, the court may shorten or waive the…”
— 42 U.S.C. § 1997c(d) — 2 cases
Johnson v. State of FL, 348 F.3d 1334 (11th Cir. 2003). “” As the prevailing party, the State moved for an award of attorney fees and costs against the DOJ pursuant to CRIPA, 42 U.S.C. § 1997c(d). The request was referred to a Magistrate Judge, who recommended granting the petition for $351,139.”
Costco Wholesale Corp. v. Hoen, 538 F.3d 1128 (9th Cir. 2008). “2003) (42 U.S.C. § 1997c(d)), and others distinguishing Zipes where the text of the relevant statute is unique, see, e.”
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