Civil Rights Improvements Act of 1981

Summary

Civil Rights Improvements Act of 1981 - Amends current law creating a Federal cause of action for the violation of a person's civil rights under color of State law to specify the circumstances under which a State or local government may be held liable for purposes of damages or other monetary relief and for injunctive or declaratory relief. Declares that it is not a defense for a government entity that the officer or employee clothed with the authority of such entity is personally immune from liability under common law or any statute. Makes supervisory officers, with command responsibility superior to a person engaging in actionable conduct, jointly and severally liable whenever a government unit would be liable. Permits a plaintiff to join to a claim under such law other claims deriving from a common nucleus of operative fact. Sets forth the circumstances under which a Federal court may certify a question of State law to the highest court of a State. Prohibits the dismissal or stay of civil actions under this Act on the grounds that State legal and administrative remedies were not exhausted. Prohibits a Federal court from enjoining a pending criminal prosecution under State law in the absence of extraordinary circumstances. Defines "extraordinary circumstances" to include a criminal prosecution maintained in bad faith or to enforce a statute, ordinance, or regulation which is in whole or in part unconstitutional. Permits the injunction of a State criminal prosecution which was commenced subsequent to the filing of an action in Federal court. Permits a Federal court to enjoin a State noncriminal proceeding which was commenced prior to subsequent Federal action. Specifies the circumstances under which, in any such action, the prior judgment of a State court shall have merger and bar effect. Requires the complaint in any such action to be filed within four years after the right of action first accrues. Prohibits a Federal court, in evaluating the need for relief under such law, from considering the availability of other remedies under State law.

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1 official file

• Introduced in Senate

  summary · EN · 10 April 1981

  Open at official source

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