In addition to these federal remedies, the several states of the union have their own laws and judicial procedures by which official action may be challenged and compensation or other relief sought. Federal Tort Claims Act 9. The FTCA waives the sovereign immunity of the United States with respect to certain torts. This definition may include Department of Defense personnel acting in a law enforcement capacity. Civil Rights of Institutionalized Persons Act 10.
Equitable relief provides the appropriate remedy in such suits.
Equal Access to Justice Act 11. However, an award is made only where the court finds that the United States Government has, in fact, violated the individual's civil rights. Criminal remedies 12. The primary authority for federal criminal prosecution of human rights violations is found in 18 U.S.C. 241 and 242. Sections 241 and 242 provide a criminal analog to Sections 1983 and 1985, and allow the Attorney-General to prosecute individuals who violate fundamental rights under colour of law.