The Special Litigation Section enforces Section 3 of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, which protects the right to free exercise of religion for institutionalized persons. In particular, the Special Litigation Section is authorized to investigate and bring civil actions for injunctive relief to enforce compliance with Section 3 of RLUIPA. Violations of RLUIPA need not rise to the level of a pattern or practice to be actionable.

When a United States Attorney’s Office receives a complaint or other information regarding the free exercise of religion by an institutionalized person or persons, 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 a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), 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 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.

[updated December 2022]