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Wednesday, August 31, 2011

Civil Rights of Institutionalized Persons Act : info, resources from DBTAC Southwest ADA Center



What does this law do?

The Civil Rights of Institutionalized Persons Act (CRIPA) gives the Attorney General the power to investigate conditions of confinement of state and local government institutions such as prisons, jails, detention centers, juvenile correctional facilities, government-operated nursing homes, and institutions for individuals who have psychiatric or development disabilities. It allows the Attorney General to uncover and correct serious problems that put the health and safety of people in these institutions in danger.

So if I have a complaint about the way I was treated in a jail, can the Attorney General sue them for me?


No. The Attorney General does not have the power under CRIPA to investigate isolated incidents or to represent individual institutionalized persons.

But if it’s widespread, then the Attorney General can sue?

Yes, on behalf of the government, but not on behalf of an individual. The Attorney General can sue in civil court if there is reasonable cause to believe that conditions are “egregious or flagrant,” that they are causing “grievous harm” to the residents or detainees, and that they are part of a “pattern or practice” of denying residents the full enjoyment of constitutional or federal rights.

Who do I contact to bring something to the Attorney General’s attention?


U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue NW
Special Litigation Section – PHB
Washington DC 20530
www.usdoj.gov/crt/split
877.218.5228

For more from DBTAC Southwest ADA Center visit: http://www.ilru.org/

# Also check your own states & local governments for possible more resources, and your local Center for Independent Living (cil) office, or other disability organizations in your area...

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