§ 1983 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 4382

nondiscrimination provisions included in any agree- gress applicable exclusively to the District of
ment or contract, with respect to any program affected Columbia shall be considered to be a statute of
by this order administered by any other executive de- the District of Columbia.
partment or agency.
(R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93
PART IV—ESTABLISHMENT OF THE PRESIDENT’S Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct.
COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING
19, 1996, 110 Stat. 3853.)
[Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. CODIFICATION
2939.] R.S. § 1979 derived from act Apr. 20, 1871, ch. 22, § 1, 17
Stat. 13.
PART V—POWERS AND DUTIES OF THE PRESIDENT’S Section was formerly classified to section 43 of Title
COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING 8, Aliens and Nationality.
SEC. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46
AMENDMENTS
F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R.
2939.] 1996—Pub. L. 104–317 inserted before period at end of
SEC. 502. (a) The Committee shall take such steps as first sentence ‘‘, except that in any action brought
it deems necessary and appropriate to promote the co- against a judicial officer for an act or omission taken
ordination of the activities of departments and agen- in such officer’s judicial capacity, injunctive relief
cies under this order. In so doing, the Committee shall shall not be granted unless a declaratory decree was
consider the overall objectives of Federal legislation violated or declaratory relief was unavailable’’.
relating to housing and the right of every individual to 1979—Pub. L. 96–170 inserted ‘‘or the District of Co-
participate without discrimination because of race, lumbia’’ after ‘‘Territory’’, and provisions relating to
color, religion (creed), sex, disability, familial status or Acts of Congress applicable solely to the District of Co-
national origin in the ultimate benefits of the Federal lumbia.
programs subject to this order.
(b) The Committee may confer with representatives EFFECTIVE DATE OF 1979 AMENDMENT
of any department or agency, State or local public Amendment by Pub. L. 96–170 applicable with respect
agency, civic, industry, or labor group, or any other to any deprivation of rights, privileges, or immunities
group directly or indirectly affected by this order; ex- secured by the Constitution and laws occurring after
amine the relevant rules, regulations, procedures, poli- Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as
cies, and practices of any department or agency subject a note under section 1343 of Title 28, Judiciary and Ju-
to this order and make such recommendations as may dicial Procedure.
be necessary or desirable to achieve the purposes of
this order. § 1984. Omitted
(c) The Committee shall encourage educational pro-
grams by civic, educational, religious, industry, labor, CODIFICATION
and other nongovernmental groups to eliminate the Section, act Mar. 1, 1875, ch. 114, § 5, 18 Stat. 337,
basic causes of discrimination in housing and related which was formerly classified to section 46 of Title 8,
facilities provided with Federal assistance. Aliens and Nationality, related to Supreme Court re-
SEC. 503. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 view of cases arising under act Mar. 1, 1875. Sections 1
F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. and 2 of act Mar. 1, 1875 were declared unconstitutional
2939.] in U.S. v. Singleton, 109 U.S. 3, and sections 3 and 4 of
such act were repealed by act June 25, 1948, ch. 645, § 21,
PART VI—MISCELLANEOUS 62 Stat. 862.
SEC. 601. As used in this order, the term ‘‘depart-
ments and agencies’’ includes any wholly-owned or § 1985. Conspiracy to interfere with civil rights
mixed-ownership Government corporation, and the (1) Preventing officer from performing duties
term ‘‘State’’ includes the District of Columbia, the
Commonwealth of Puerto Rico, and the territories of If two or more persons in any State or Terri-
the United States. tory conspire to prevent, by force, intimidation,
SEC. 602. This order shall become effective imme- or threat, any person from accepting or holding
diately. any office, trust, or place of confidence under
[Functions of President’s Committee on Equal Oppor- the United States, or from discharging any du-
tunity in Housing under Ex. Ord. No. 11063 delegated to
ties thereof; or to induce by like means any offi-
Secretary of Housing and Urban Development by Ex.
Ord. No. 12892, § 6–604(a), Jan. 17, 1994, 59 F.R. 2939, set cer of the United States to leave any State, dis-
out as a note under section 3608 of this title.] trict, or place, where his duties as an officer are
required to be performed, or to injure him in his
§ 1983. Civil action for deprivation of rights person or property on account of his lawful dis-
charge of the duties of his office, or while en-
Every person who, under color of any statute, gaged in the lawful discharge thereof, or to in-
ordinance, regulation, custom, or usage, of any jure his property so as to molest, interrupt,
State or Territory or the District of Columbia, hinder, or impede him in the discharge of his of-
subjects, or causes to be subjected, any citizen ficial duties;
of the United States or other person within the
jurisdiction thereof to the deprivation of any (2) Obstructing justice; intimidating party, wit-
rights, privileges, or immunities secured by the ness, or juror
Constitution and laws, shall be liable to the If two or more persons in any State or Terri-
party injured in an action at law, suit in equity, tory conspire to deter, by force, intimidation, or
or other proper proceeding for redress, except threat, any party or witness in any court of the
that in any action brought against a judicial of- United States from attending such court, or
ficer for an act or omission taken in such offi- from testifying to any matter pending therein,
cer’s judicial capacity, injunctive relief shall freely, fully, and truthfully, or to injure such
not be granted unless a declaratory decree was party or witness in his person or property on ac-
violated or declaratory relief was unavailable. count of his having so attended or testified, or
For the purposes of this section, any Act of Con- to influence the verdict, presentment, or indict-
Page 4383 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1987

ment of any grand or petit juror in any such tives of the deceased shall have such action
court, or to injure such juror in his person or therefor, and may recover not exceeding $5,000
property on account of any verdict, present- damages therein, for the benefit of the widow of
ment, or indictment lawfully assented to by the deceased, if there be one, and if there be no
him, or of his being or having been such juror; widow, then for the benefit of the next of kin of
or if two or more persons conspire for the pur- the deceased. But no action under the provisions
pose of impeding, hindering, obstructing, or de- of this section shall be sustained which is not
feating, in any manner, the due course of justice commenced within one year after the cause of
in any State or Territory, with intent to deny to action has accrued.
any citizen the equal protection of the laws, or (R.S. § 1981.)
to injure him or his property for lawfully enforc-
ing, or attempting to enforce, the right of any CODIFICATION
person, or class of persons, to the equal protec- R.S. § 1981 derived from act Apr. 20, 1871, ch. 22, § 6, 17
tion of the laws; Stat. 15.
Section was formerly classified to section 48 of Title
(3) Depriving persons of rights or privileges 8, Aliens and Nationality.
If two or more persons in any State or Terri-
tory conspire or go in disguise on the highway § 1987. Prosecution of violation of certain laws
or on the premises of another, for the purpose of The United States attorneys, marshals, and
depriving, either directly or indirectly, any per- deputy marshals, the United States magistrate
son or class of persons of the equal protection of judges appointed by the district and territorial
the laws, or of equal privileges and immunities courts, with power to arrest, imprison, or bail
under the laws; or for the purpose of preventing offenders, and every other officer who is espe-
or hindering the constituted authorities of any cially empowered by the President, are author-
State or Territory from giving or securing to all ized and required, at the expense of the United
persons within such State or Territory the equal States, to institute prosecutions against all per-
protection of the laws; or if two or more persons sons violating any of the provisions of section
conspire to prevent by force, intimidation, or 1990 of this title or of sections 5506 to 5516 and
threat, any citizen who is lawfully entitled to 5518 to 5532 of the Revised Statutes, and to cause
vote, from giving his support or advocacy in a such persons to be arrested, and imprisoned or
legal manner, toward or in favor of the election bailed, for trial before the court of the United
of any lawfully qualified person as an elector for States or the territorial court having cog-
President or Vice President, or as a Member of nizance of the offense.
Congress of the United States; or to injure any
(R.S. § 1982; Mar. 3, 1911, ch. 231, § 291, 36 Stat.
citizen in person or property on account of such
1167; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub.
support or advocacy; in any case of conspiracy
L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82
set forth in this section, if one or more persons
Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1,
engaged therein do, or cause to be done, any act
1990, 104 Stat. 5117.)
in furtherance of the object of such conspiracy,
whereby another is injured in his person or prop- REFERENCES IN TEXT
erty, or deprived of having and exercising any Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of
right or privilege of a citizen of the United the Revised Statutes, referred to in text, were repealed
States, the party so injured or deprived may by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153; section
have an action for the recovery of damages occa- 5506, 5511 to 5515, and 5520 to 5523, also referred to in
sioned by such injury or deprivation, against text, were repealed by act Feb. 8, 1894, ch. 25, § 1, 28
Stat. 37. The provisions of sections 5508, 5510, 5516, 5518
any one or more of the conspirators.
and 5524 to 5532 of the Revised Statutes were reenacted
(R.S. § 1980.) by act Mar. 4, 1909, and classified to sections 51, 52, 54
to 59, 246, 428 and 443 to 445 of former Title 18, Criminal
CODIFICATION Code and Criminal Procedure. Those sections were re-
R.S. § 1980 derived from acts July 31, 1861, ch. 33, 12 pealed and reenacted as sections 241, 242, 372, 592, 593,
Stat. 284; Apr. 20, 1871, ch. 22, § 2, 17 Stat. 13. 752, 1071, 1581, 1583 and 1588 of Title 18, Crimes and
Section was formerly classified to section 47 of Title Criminal Procedure, in the general revision of Title 18
8, Aliens and Nationality. by act June 25, 1948, ch. 645, 62 Stat. 683.
CODIFICATION
§ 1986. Action for neglect to prevent
R.S. § 1982 derived from acts Apr. 9, 1866, ch. 31, § 4, 14
Every person who, having knowledge that any Stat. 28; May 31, 1870, Ch. 114, § 9, 16 Stat. 142.
of the wrongs conspired to be done, and men- Section was formerly classified to section 49 of Title
tioned in section 1985 of this title, are about to 8, Aliens and Nationality.
be committed, and having power to prevent or CHANGE OF NAME
aid in preventing the commission of the same,
Act June 25, 1948, eff. Sept. 1, 1948, substituted
neglects or refuses so to do, if such wrongful act ‘‘United States attorneys’’ for ‘‘district attorneys’’. See
be committed, shall be liable to the party in- section 541 of Title 28, Judiciary and Judicial Proce-
jured, or his legal representatives, for all dam- dure, and Historical and Revision Notes thereunder.
ages caused by such wrongful act, which such ‘‘United States magistrate judges’’ substituted in
person by reasonable diligence could have pre- text for ‘‘magistrates’’ pursuant to section 321 of Pub.
vented; and such damages may be recovered in L. 101–650, set out as a note under section 631 of Title
an action on the case; and any number of per- 28. Previously, ‘‘magistrates’’ substituted for ‘‘commis-
sioners’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631
sons guilty of such wrongful neglect or refusal et seq.) of Title 28.
may be joined as defendants in the action; and if Reference to the district courts substituted for ref-
the death of any party be caused by any such erence to the circuit courts on authority of section 291
wrongful act and neglect, the legal representa- of act Mar. 3, 1911.