Access to the American Courts Act of 2021
Bill: H.R.2009 | Sponsor: Rep. Davis, Danny K. (D-IL)
Policy area: Law

Summary:
Access to the American Courts Act of 2021
This bill establishes that U.S. district courts shall have jurisdiction over any lawsuit based on an alleged violation of a constitutional right by the United States or any agent, person, or entity acting in the name of the United States. (Generally, the United States may not be sued unless it has consented to the lawsuit.)
The plaintiff filing such a lawsuit shall have the right to a jury trial. If the plaintiff prevails in such a lawsuit, it shall receive attorney fees and costs.

To clarify access to courts of the United States for persons seeking 
redress for a violation of a constitutional right by the United States 
   or any agent, person, or entity acting in the name of the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to the American Courts Act of 
2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States Constitution sets forth limits on the 
        ability of the United States to act.
            (2) The Constitution would not have been adopted and 
        therefore the United States of America would not have been 
        formed or come into existence unless the Bill of Rights, the 
        first 10 Amendments to the Constitution, had not been adopted 
        prior to its approval by the first 13 States forming the United 
        States of America.
            (3) The right of the American people to hold the United 
        States accountable for violations of the Constitution committed 
        by people acting allegedly in the name of the United States has 
        been the cornerstone and bedrock upon which the freedom of the 
        American people has been based.
            (4) The right of the American people to come before a court 
        and seek redress and thereby hold the Government of the United 
        States accountable for violations of the Constitution is now 
        seriously disputed.
            (5) The Executive Branch of the United States Government 
        has asserted, in actions filed in the United States courts by 
        Americans seeking redress for alleged Constitutional 
        violations, that no one can sue the Government, even for a 
        Constitutional violation, unless the Government first agrees to 
        be sued. The Executive Branch has asserted an overbroad 
        interpretation of the extent of sovereign immunity, which bars 
        suits against the Government based on statutory violations, to 
        now include suits based on Constitutional violations as well.
            (6) The effect of the Executive Branch's extension of 
        sovereign immunity so as to include constitutional rights as 
        well as statutory rights would be that--
                    (A) the Bill of Rights would be converted to a mere 
                a bill of suggested rights; and
                    (B) constitutional rights would be enforceable only 
                when and if the Government deigns to grant permission 
                for their individual enforcement on a case-by-case 
                basis.
            (7) The Bill of Rights and the other Amendments to the 
        Constitution are not mere suggestions, but the inherent and 
        enforceable rights possessed by all American people. These 
        Amendments grant to all Americans the right to seek redress for 
        Constitutional violations committed in the name of the United 
        States without first having to obtain the permission of the 
        Government before seeking such redress in Federal court.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) all Americans should have access Federal courts in 
        order to seek relief and redress for alleged claims of 
        violations of constitutional rights; and
            (2) the doctrine of sovereign immunity, as well as any 
        assertion of any statute of limitation or equitable laches 
        (under equity or statute) was never intended to bar, restrict, 
        hinder or otherwise delay access to court or the filing of a 
        claim seeking relief or redress against the Government for an 
        alleged violation of a constitutional right.

SEC. 4. JURISDICTION OF DISTRICT COURTS.

    The district courts of the United States shall have jurisdiction to 
hear any complaint or claim for relief based upon an alleged violation 
of a constitutional right by the United States or any agent, person or 
entity acting in the name of the United States. Each such court has 
authority to grant any relief necessary to redress a violation of a 
constitutional right, including monetary, injunctive, and declaratory 
relief.

SEC. 5. RIGHT TO A JURY TRIAL.

    A person filing an action in a district court of the United States 
seeking redress for a violation of a constitutional right by the United 
States or any agent, person, or entity acting in the name of the United 
States shall have the right to request a jury trial. In the case of an 
action containing both constitutional and non-constitutional claims 
against the United States, the court shall may grant jury trial for all 
claims, and shall grant a jury trial for the constitutional claims.

SEC. 6. ATTORNEY FEES AND COSTS.

    In the case that the plaintiff prevails in an action brought 
against the United States seeking redress for a violation of a 
constitutional right by the United States or any agent, person, or 
entity acting in the name of the United States, the court shall award 
the plaintiff attorney fees and costs.
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