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Case Name:
Rosalba Mayorga v. State of Washington
Case Number:
19-35256
Case Panel:
Gilman, HAWKINS, CALLAHAN
Hearing Location:
Seattle WA
Hearing Date:
10/09/2020

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§1987. Prosecution of violation of certain laws

The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense.

(R.S. §1982; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; June 25, 1948, ch. 646, §1, 62 Stat. 909; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

References in Text

Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of the Revised Statutes, referred to in text, were repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153; section 5506, 5511 to 5515, and 5520 to 5523, also referred to in text, were repealed by act Feb. 8, 1894, ch. 25, §1, 28 Stat. 37. The provisions of sections 5508, 5510, 5516, 5518 and 5524 to 5532 of the Revised Statutes were reenacted 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 Code and Criminal Procedure. Those sections were repealed and reenacted as sections 241, 242, 372, 592, 593, 752, 1071, 1581, 1583 and 1588 of Title 18, Crimes and Criminal Procedure, in the general revision of Title 18 by act June 25, 1948, ch. 645, 62 Stat. 683.

Codification

R.S. §1982 derived from acts Apr. 9, 1866, ch. 31, §4, 14 Stat. 28; May 31, 1870, Ch. 114, §9, 16 Stat. 142.

Section was formerly classified to section 49 of Title 8, Aliens and Nationality.

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorneys” for “district attorneys”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.

“United States magistrate judges” substituted in text for “magistrates” pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28. Previously, “magistrates” substituted for “commissioners” pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

Reference to the district courts substituted for reference to the circuit courts on authority of section 291 of act Mar. 3, 1911.

§1988. Proceedings in vindication of civil rights

(a) Applicability of statutory and common law

The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.

(b) Attorney’s fees

In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [20 U.S.C. 1681 et seq.], the Religious Freedom Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S.C. 2000cc et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or section 13981 of this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, 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) Expert fees

In awarding an attorney’s fee under subsection (b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney’s fee.

(R.S. §722; Pub. L. 94–559, §2, Oct. 19, 1976, 90 Stat. 2641; Pub. L. 96–481, title II, §205(c), Oct. 21, 1980, 94 Stat. 2330; Pub. L. 102–166, title I, §§103, 113(a), Nov. 21, 1991, 105 Stat. 1074, 1079; Pub. L. 103–141, §4(a), Nov. 16, 1993, 107 Stat. 1489; Pub. L. 103–322, title IV, §40303, Sept. 13, 1994, 108 Stat. 1942; Pub. L. 104–317, title III, §309(b), Oct. 19, 1996, 110 Stat. 3853; Pub. L. 106–274, §4(d), Sept. 22, 2000, 114 Stat. 804.)

References in Text

Title 13 of the Revised Statutes, referred to in subsec. (a), was in the original “this Title” meaning title 13 of the Revised Statutes, consisting of R.S. §§530 to 1093. For complete classification of R.S. §§530 to 1093 to the Code, see Tables.

Title 24 of the Revised Statutes, referred to in subsec. (a), was in the original “Title ‘Civil Rights,’ ” meaning title 24 of the Revised Statutes, consisting of R.S. §§1977 to 1991, which are classified to sections 1981 to 1983, 1985 to 1987, and 1989 to 1994 of this title. For complete classification of R.S. §§1977 to 1991 to the Code, see Tables.

Title 70 of the Revised Statutes, referred to in subsec. (a), was in the original “Title ‘Crimes,’ ” meaning title 70 of the Revised Statutes, consisting of R.S. §§5323 to 5550. For complete classification of R.S. §§5323 to 5550, see Tables.

Title IX of Public Law 92–318, referred to in subsec. (b), is title IX of Pub. L. 92–318, June 23, 1972, 86 Stat. 373, as amended, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, which is classified principally to chapter 38 (§1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.

The Religious Freedom Restoration Act of 1993, referred to in subsec. (b), is Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to chapter 21B (§2000bb et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables.

The Religious Land Use and Institutionalized Persons Act of 2000, referred to in subsec. (b), is Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to chapter 21C (§2000cc et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§2000d et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

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These are the Federal Rules of Evidence, as amended to December 1, 2020. Click on any rule to read it.

  1. ARTICLE I. GENERAL PROVISIONS
    1. Rule 101. Scope; Definitions
    2. Rule 102. Purpose
    3. Rule 103. Rulings on Evidence
    4. Rule 104. Preliminary Questions
    5. Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
    6. Rule 106. Remainder of or Related Writings or Recorded Statements
  2. ARTICLE II. JUDICIAL NOTICE
    1. Rule 201. Judicial Notice of Adjudicative Facts
  3. ARTICLE III. PRESUMPTIONS IN CIVIL CASES
    1. Rule 301. Presumptions in Civil Cases Generally
    2. Rule 302. Applying State Law to Presumptions in Civil Cases
  4. ARTICLE IV. RELEVANCE AND ITS LIMITS
    1. Rule 401. Test for Relevant Evidence
    2. Rule 402. General Admissibility of Relevant Evidence
    3. Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
    4. Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts
    5. Rule 405. Methods of Proving Character
    6. Rule 406. Habit; Routine Practice
    7. Rule 407. Subsequent Remedial Measures
    8. Rule 408. Compromise Offers and Negotiations
    9. Rule 409. Offers to Pay Medical and Similar Expenses
    10. Rule 410. Pleas, Plea Discussions, and Related Statements
    11. Rule 411. Liability Insurance
    12. Rule 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
    13. Rule 413. Similar Crimes in Sexual-Assault Cases
    14. Rule 414. Similar Crimes in Child Molestation Cases
    15. Rule 415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
  5. ARTICLE V. PRIVILEGES
    1. Rule 501. Privilege in General
    2. Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver
  6. ARTICLE VI. WITNESSES
    1. Rule 601. Competency to Testify in General
    2. Rule 602. Need for Personal Knowledge
    3. Rule 603. Oath or Affirmation to Testify Truthfully
    4. Rule 604. Interpreter
    5. Rule 605. Judge’s Competency as a Witness
    6. Rule 606. Juror’s Competency as a Witness
    7. Rule 607. Who May Impeach a Witness
    8. Rule 608. A Witness’s Character for Truthfulness or Untruthfulness
    9. Rule 609. Impeachment by Evidence of a Criminal Conviction
    10. Rule 610. Religious Beliefs or Opinions
    11. Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
    12. Rule 612. Writing Used to Refresh a Witness’s Memory
    13. Rule 613. Witness’s Prior Statement
    14. Rule 614. Court’s Calling or Examining a Witness
    15. Rule 615. Excluding Witnesses
  7. ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
    1. Rule 701. Opinion Testimony by Lay Witnesses
    2. Rule 702. Testimony by Expert Witnesses
    3. Rule 703. Bases of an Expert’s Opinion Testimony
    4. Rule 704. Opinion on an Ultimate Issue
    5. Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion
    6. Rule 706. Court-Appointed Expert Witnesses
  8. ARTICLE VIII. HEARSAY
    1. Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay
    2. Rule 802. The Rule Against Hearsay
    3. Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness
    4. Rule 804. Hearsay Exceptions; Declarant Unavailable
    5. Rule 805. Hearsay Within Hearsay
    6. Rule 806. Attacking and Supporting the Declarant’s Credibility
    7. Rule 807. Residual Exception
  9. ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
    1. Rule 901. Authenticating or Identifying Evidence
    2. Rule 902. Evidence That Is Self-Authenticating
    3. Rule 903. Subscribing Witness’s Testimony
  10. ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
    1. Rule 1001. Definitions That Apply to This Article
    2. Rule 1002. Requirement of the Original
    3. Rule 1003. Admissibility of Duplicates
    4. Rule 1004. Admissibility of Other Evidence of Content
    5. Rule 1005. Copies of Public Records to Prove Content
    6. Rule 1006. Summaries to Prove Content
    7. Rule 1007. Testimony or Statement of a Party to Prove Content
    8. Rule 1008. Functions of the Court and Jury
  11. ARTICLE XI. MISCELLANEOUS RULES
    1. Rule 1101. Applicability of the Rules
    2. Rule 1102. Amendments
    3. Rule 1103. Title
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