The Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §§ 1997 to 1997j, authorizes the Attorney General to enforce the constitutional and federal statutory rights of persons confined to institutions owned, operated, or managed by a state or local government. These institutions include, among others, state-run hospitals and nursing facilities, intermediate care facilities for persons with intellectual or developmental disabilities, prisons, jails, and juvenile facilities. To initiate suit under CRIPA, the Attorney General must have reasonable cause to believe that the deprivation of rights is part of a pattern or practice of denial of constitutional or, in some cases, federal statutory rights.

The investigations and litigation focus on a broad range of issues depending on the type of institution and the nature of the alleged deprivation of rights. Issues may include, for example, physical and sexual abuse, medical and mental health care, fire safety, sanitation, security, adequacy of treatment and training, and education.

At the time of commencing a civil action under CRIPA, the Attorney General must personally certify to the court that (1) the Attorney General has previously notified, in writing, the appropriate state or local officials of the alleged conditions that deprive statutory or constitutional rights, the supporting facts giving rise to the alleged conditions, and the minimum measures that may remedy the alleged conditions and the alleged pattern or practice; (2) the Attorney General has notified, in writing, the appropriate state official of the Attorney General’s intent to conduct an investigation of the state or local institution and that the Attorney General has made a good faith effort to consult with the appropriate state officials to advise them of federal assistance that may be available, encouraged the appropriate state official to correct the alleged conditions and pattern or practice through informal, voluntary methods, and that the appropriate officials have had reasonable time to take appropriate corrective actions; and (3) the action is of general public importance and will materially further the vindication of federal rights.

CRIPA also authorizes the Attorney General to intervene in any action commenced in any court of the United States seeking relief from conditions depriving persons in state or local institutions of their federal rights when the Attorney General has reason to believe that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities.

When a United States Attorney’s Office receives a complaint or other information suggesting a violation of CRIPA, that office should forward the complaint or other information to the Special Litigation Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether an investigation should be opened or a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The Attorney General must sign CRIPA complaints. The United States Attorney’s Office and the Special Litigation Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis. (See JM 8-2.140).

[updated March 2018]