Civil Rights Improvements Act

Summary

Civil Rights Improvements Act - Declares the right to enjoy one's reputation as a right secured by the due process clause of the fourteenth amendment for purposes of provisions authorizing civil suits against persons depriving others under color of law of their constitutional and Federal statutory rights. Renders a State, unit of local government or agency, thereof, liable for damages and subject to injunctions for acts of its agents which result in the deprivation of such rights if: (1) the official directly responsible for the employee who committed such violation either directed or encouraged the violation or failed to act to remedy a pervasive pattern of unconstitutional or unlawful conduct by the employee; or (2) the party seeking relief establishes that one or more government officers engaged in grossly negligent conduct in violation of his rights but cannot identify, or prove causation with regard to, any such officer. Renders a prosecuting officer of a State, municipality, or other unit of local government liable for damages or subject to an injunction for failure to disclose to the defendent in any criminal proceeding, upon the request of such defendant or his counsel, all material evidence which such officer knows or reasonably should know is exculpatory to the defendant. Prohibits a Federal court from refusing to proceed in a civil action for the deprivation of civil rights by persons acting under color of law on the ground that either: (1) the action contains an undecided issue of State law the resolution of which could make unnecessary a decision on the Federal issues; or (2) the plaintiff has failed to exhaust State remedies. Prohibits, except under extraordinary circumstances, a Federal court from proceeding in a civil action for the deprivation of civil rights by a person acting under color of law if there is pending in a State or local court a criminal action against the plaintiff based on the same facts. Authorizes the Federal court to enjoin such a criminal action if such a civil action is pending at the time of its institution. Prohibits a Federal court from refusing to hear a civil action for persons acting under color of law or res judicata on collateral estoppel grounds based upon State or local proceedings, but limits relief which a Federal court may grant under such circumstances.

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1 official file

• Introduced in House

  summary · EN · 6 April 1977

  Open at official source

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