---
kind: "section"
citation: "42 U.S.C. § 2000aa–6"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2000aa–6"
heading: "Civil actions by aggrieved persons"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2000aa-6"
units:
  - "Chapter 21A — Privacy Protection"
  - "Subchapter I — First Amendment Privacy Protection"
  - "Part B — Remedies, Exceptions, and Definitions"
---

# §2000aa–6. Civil actions by aggrieved persons

- (a) **Right of action—** A person aggrieved by a search for or seizure of materials in [violation](/usc/42/2000e–16a.md?p=c) of this chapter shall have a civil cause of action for damages for such search or seizure—
  - (1) against the United States, against a [State](/usc/42/2021b.md?p=14) which has waived its sovereign immunity under the Constitution to a claim for damages resulting from a [violation](/usc/42/2000e–16a.md?p=c) of this chapter, or against any other governmental unit, all of which shall be liable for [violations](/usc/42/2000e–16a.md?p=c) of this chapter by their officers or employees while acting within the scope or under color of their office or employment; and
  - (2) against an officer or employee of a [State](/usc/42/2021b.md?p=14) who has violated this chapter while acting within the scope or under color of his office or employment, if such [State](/usc/42/2021b.md?p=14) has not waived its sovereign immunity as provided in [paragraph (1)](#a-1).
- (b) **Good faith defense—** It shall be a complete defense to a civil action brought under [paragraph (2)](#a-2) of subsection (a) that the officer or employee had a reasonable good faith belief in the lawfulness of his conduct.
- (c) **Official immunity—** The United States, a [State](/usc/42/2021b.md?p=14), or any other governmental unit liable for [violations](/usc/42/2000e–16a.md?p=c) of this chapter under [subsection (a)(1)](#a-1), may not assert as a defense to a claim arising under this chapter the immunity of the officer or employee whose [violation](/usc/42/2000e–16a.md?p=c) is complained of or his reasonable good faith belief in the lawfulness of his conduct, except that such a defense may be asserted if the [violation](/usc/42/2000e–16a.md?p=c) complained of is that of a judicial officer.
- (d) **Exclusive nature of remedy—** The remedy provided by [subsection (a)(1)](#a-1) against the United States, a [State](/usc/42/2021b.md?p=14), or any other governmental unit is exclusive of any other civil action or proceeding for conduct constituting a [violation](/usc/42/2000e–16a.md?p=c) of this chapter, against the officer or employee whose [violation](/usc/42/2000e–16a.md?p=c) gave rise to the claim, or against the estate of such officer or employee.
- (e) **Admissibility of evidence—** Evidence otherwise admissible in a proceeding shall not be excluded on the basis of a [violation](/usc/42/2000e–16a.md?p=c) of this chapter.
- (f) **Damages; costs and attorneys’ fees—** A person having a cause of action under this section shall be entitled to recover actual damages but not less than liquidated damages of $1,000, and such reasonable attorneys’ fees and other litigation costs reasonably incurred as the court, in its discretion, may award: Provided, however, That the United States, a [State](/usc/42/2021b.md?p=14), or any other governmental unit shall not be liable for interest prior to judgment.
- (g) **Attorney General; claims settlement; regulations—** The Attorney General may settle a claim for damages brought against the United States under this section, and shall promulgate regulations to provide for the commencement of an administrative inquiry following a determination of a [violation](/usc/42/2000e–16a.md?p=c) of this chapter by an officer or employee of the United States and for the imposition of administrative sanctions against such officer or employee, if warranted.
- (h) **Jurisdiction—** The district courts shall have original jurisdiction of all civil actions arising under this section.

## Source credit

(Pub. L. 96–440, title I, § 106, Oct. 13, 1980, 94 Stat. 1880.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1981, except that insofar as such provisions are applicable to a State or any governmental unit other than the United States, the section is effective one year from Oct. 13, 1980, see section 108 of Pub. L. 96–440, set out as a note under section 2000aa of this title.