[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1115 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1115

To prohibit an award of costs, including attorney's fees, or injunctive 
   relief, against a judicial officer for action taken in a judicial 
                               capacity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 3 (legislative day, July 10), 1995

Mr. Thurmond (for himself, Mr. Heflin, Mr. Hatch, Mr. Grassley, and Mr. 
   D'Amato) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit an award of costs, including attorney's fees, or injunctive 
   relief, against a judicial officer for action taken in a judicial 
                               capacity.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION AGAINST AWARDS OF COSTS, INCLUDING ATTORNEY'S 
              FEES, AND INJUNCTIVE RELIEF AGAINST A JUDICIAL OFFICER.

    (a) Nonliability for Costs.--Notwithstanding any other provision of 
law, no judicial officer shall be held liable for any costs, including 
attorney's fees, in any action brought against such officer for an act 
or omission taken in such officer's judicial capacity, unless such 
action was clearly in excess of such officer's jurisdiction.
    (b) Proceedings in Vindication of Civil Rights.--Section 722(b) of 
the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting before 
the period at the end thereof ``, except that in any action brought 
against a judicial officer for an act or omission taken in such 
officer's judicial capacity such officer shall not be held liable for 
any costs, including attorney's fees, unless such action was clearly in 
excess of such officer's jurisdiction''.
    (c) Civil Action for Deprivation of Rights.--Section 1979 of the 
Revised Statutes (42 U.S.C. 1983) is amended by inserting before the 
period at the end of the first sentence: ``, except that in any action 
brought against a judicial officer for an act or omission taken in such 
officer's judicial capacity, injunctive relief shall not be granted 
unless a declaratory decree was violated or declaratory relief was 
unavailable''.
                                 <all>