Special Litigation Section -- Overview
The Special Litigation Section is an office within the Civil Rights Division
at the Department of Justice, charged with enforcing federal civil rights
statutes in four major areas:
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conditions of institutional confinement;
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conduct of law enforcement agencies; and
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access to reproductive health facilities and places of religious worship; and
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religious exercise of institutionalized persons.
The Section undertakes investigations and litigation throughout the United
States and its territories.
Conditions of Institutional Confinement. The Special Litigation
Section protects the constitutional and federal statutory rights of persons
confined in certain institutions owned or operated by, or on behalf of,
state or local governments. These institutions include facilities for individuals
who are mentally ill and developmentally disabled, nursing homes, juvenile
correctional facilities, and adult jails and prisons. The Section derives
its primary authority in this area from the Civil
Rights of Institutionalized Persons Act (CRIPA), which was enacted
in 1980. CRIPA gives the Attorney General the authority to investigate
institutional conditions and file lawsuits to remedy a pattern or practice
of unlawful conditions. In addition, the Section enforces a provision
of the Violent Crime Control and Law Enforcement
Act of 1994, which authorizes the Attorney General to file lawsuits
to seek judicial remedies when administrators of juvenile justice systems
engage in a pattern or practice of violating incarcerated juveniles' federal
rights. Finally, the Section also is responsible for enforcing Title
III of the Civil Rights Act of 1964, which prohibits discrimination
in public facilities on the basis of race, religion, or national origin.
Conduct of Law Enforcement Agencies. The Special Litigation
Section enforces the police misconduct provision
of the Violent Crime Control and Law Enforcement Act of 1994, which
authorizes the Attorney General to seek equitable and declaratory relief
to redress a pattern or practice of conduct by law enforcement agencies
that violates federal law. The Section also is responsible for enforcing
the Omnibus Crime Control and Safe Streets Act
of 1968, which authorizes the Attorney General to initiate civil litigation
to remedy a pattern or practice of discrimination based on race, color,
national origin, gender or religion involving services by law enforcement
agencies receiving federal financial assistance.
Access to Reproductive Health Facilities and Places of Religious
Worship. The Special Litigation Section also enforces the civil provisions
of the Freedom of Access to Clinic Entrances Act
of 1994 (Access Act). This Act prohibits the use or threat of force
and physical obstruction that injures, intimidates, or interferes with
a person seeking to obtain or provide reproductive health services or to
exercise the First Amendment right of religious freedom at a place of religious
worship. It also prohibits intentional property damage of a facility providing
reproductive health services or a place of religious worship. The
Access Act authorizes the Attorney General to seek injunctive relief, statutory
or compensatory damages, and civil penalties against individuals who engage
in conduct that violates the Act.
Religious Exercise of Institutionalized Persons. The Special Litigation Section
enforces the provision of the Religious Land Use and Institutionalized Persons Act
(RLUIPA) that protects the religious exercise of persons confined to institutions covered
by the Civil Rights of Institutionalized Persons Act. This provision prohibits a state or local
government from substantially burdening the religious exercise of such an institutionalized
person, unless the government demonstrates that imposition of the burden furthers a
compelling governmental interest and is the least restrictive means available to further
that interest. The Department of Justice is authorized to investigate alleged violations of
RLUIPA and to file civil lawsuits seeking injunctive or declaratory relief. In addition,
RLUIPA enables private individuals to seek judicial remedies for violations of the statute.
RLUIPA applies to cases in which the alleged substantial burden on religious exercise
occurs in a program receiving federal financial assistance or affects interstate commerce.
Updated 2008-07-25