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S. 1515

A bill to prohibit injunctive relief, or an award of damages, against a judicial officer for action taken in an official capacity.

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 100-556)

Amends the Civil Rights Attorney's Fees Awards Act of 1976 and other Federal civil rights law to provide that a judicial official (includes both State and Federal judges) shall not be liable for any costs, including attorney fees, or injunctive relief in any proceeding brought against the official for an act or omission committed in his or her judicial capacity. Creates an exception if the action was clearly in excess of the official's jurisdiction or, in the case of injunctive relief, if a declaratory decree was violated or declaratory relief was unavailable.

Prohibits a Federal court from issuing an injunctive or declaratory order against a State judicial officer for an act or omission committed in the official's judicial capacity unless there is no adequate remedy in State court and there is imminent danger of irreparable harm to the petitioner.

Placed on Senate Legislative Calendar under General Orders. Calendar No. 1011.

Sen. Heflin, Howell [D-AL](D-AL)Sponsor
10 cosponsors4 D6 R
10cosponsors1committees10actions11subjects
  1. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 1011.

  2. Committee

    Committee on Judiciary. Reported to Senate by Senator Biden with amendments and an amendment to the title. With written report No. 100-556. Minority views filed.

    Judiciary Committee
  3. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Biden with amendments and an amendment to the title. With written report No. 100-556. Minority views filed.

    Judiciary Committee
  4. Committee

    Committee on Judiciary. Ordered to be reported with amendments favorably.

    Judiciary Committee
  5. Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  6. Committee

    Subcommittee on Courts and Administrative Practice. Approved for full committee consideration with an amendment favorably.

    Administrative Oversight and the Courts Subcommittee
  7. Committee

    Subcommittee on Courts and Administrative Practice. Hearings held.

    Administrative Oversight and the Courts Subcommittee
  8. Committee

    Referred to Subcommittee on Courts and Administrative Practice.

    Administrative Oversight and the Courts Subcommittee
  9. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  10. IntroReferral10000

    Introduced in Senate

Sep 28, 198801
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 100-556)

Amends the Civil Rights Attorney's Fees Awards Act of 1976 and other Federal civil rights law to provide that a judicial official (includes both State and Federal judges) shall not be liable for any costs, including attorney fees, or injunctive relief in any proceeding brought against the official for an act or omission committed in his or her judicial capacity. Creates an exception if the action was clearly in excess of the official's jurisdiction or, in the case of injunctive relief, if a declaratory decree was violated or declaratory relief was unavailable.

Prohibits a Federal court from issuing an injunctive or declaratory order against a State judicial officer for an act or omission committed in the official's judicial capacity unless there is no adequate remedy in State court and there is imminent danger of irreparable harm to the petitioner.

Jul 21, 198700

Amends the Civil Rights Attorney's Fee Awards Act of 1976 to provide that judicial officials shall not be liable for any costs, including legal fees (unless such action was clearly in excess of their jurisdiction), or injunctive relief (unless a declaratory decree was violated or declaratory relief was unavailable) in any proceeding brought against such official for actions taken in an official capacity.

A bill to prohibit injunctive relief, or an award of damages, against a judicial officer f… — Informed