§ 2255 Civil remedy for personal injuries · 119-87

§ 2255.

Civil remedy for personal injuries

(a)

In General.—

Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate.

(b)

Statute of Limitations.—

There shall be no time limit for the filing of a complaint commencing an action under this section.

(c)

Venue; Service of Process.—

(1)

Venue.—

Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.

(2)

Service of process.—

In an action brought under subsection (a), process may be served in any district in which the defendant—

(A)

is an inhabitant; or

(B)

may be found.

Source

(Added Pub. L. 99–500, § 101(b) [title VII, § 703(a)],

Oct. 18, 1986

, 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)],

Oct. 30, 1986

, 100 Stat. 3341–39, 3341–74; amended Pub. L. 105–314, title VI, § 605,

Oct. 30, 1998

, 112 Stat. 2984; Pub. L. 109–248, title VII, § 707(b), (c),

July 27, 2006

, 120 Stat. 650; Pub. L. 113–4, title XII, § 1212(a),

Mar. 7, 2013

, 127 Stat. 143; Pub. L. 115–126, title I, § 102,

Feb. 14, 2018

, 132 Stat. 319; Pub. L. 117–176, § 2,

Sept. 16, 2022

, 136 Stat. 2108.)

Notes

Editorial Notes

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Prior Provisions

A prior section 2255 was renumbered section 2256 of this title.

Amendments

2022—Subsec. (b). Pub. L. 117–176 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Any action commenced under this section shall be barred unless the complaint is filed—

“(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of—

“(A) the violation that forms the basis for the claim; or

“(B) the injury that forms the basis for the claim; or

“(2) not later than 10 years after the date on which the victim reaches 18 years of age.”

2018—Subsec. (a). Pub. L. 115–126, § 102(1), added subsec. (a) and struck out former subsec. (a) which related to civil remedy for personal injuries in general.

Subsec. (b). Pub. L. 115–126, § 102(2), substituted “filed—” for “filed within 10 years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.” and added pars. (1) and (2).

Subsec. (c). Pub. L. 115–126, § 102(3), added subsec. (c).

2013—Subsec. (a). Pub. L. 113–4, § 1212(a)(1), substituted “section 1589, 1590, 1591, 2241(c)” for “section 2241(c)”.

Subsec. (b). Pub. L. 113–4, § 1212(a)(2), substituted “10 years” for “six years”.

2006—Subsec. (a). Pub. L. 109–248, § 707(b), inserted heading, inserted “, regardless of whether the injury occurred while such person was a minor,” after “such violation”, and substituted “Any person who, while a minor, was” for “Any minor who is”, “such person” for “such minor”, “Any person as described” for “Any minor as described”, and “$150,000” for “$50,000”.

Subsec. (b). Pub. L. 109–248, § 707(c), inserted heading.

1998—Subsec. (a). Pub. L. 105–314 substituted “2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423” for “2251 or 2252”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–176, § 3,

Sept. 16, 2022

, 136 Stat. 2108, provided that:

“This Act [see Short Title of 2022 Amendment note set out under section 1 of this title] and the amendments made by this Act shall—

“(1)

take effect on the date of enactment of this Act [

Sept. 16, 2022

]; and

“(2)

apply to—

“(A)

any claim or action that, as of the date described in paragraph (1), would not have been barred under section 2255(b) of title 18, United States Code, as it read on the day before the date of enactment of this Act; and

“(B)

any claim or action arising after the date of enactment of this Act.”

§ 2255. Civil remedy for personal injuries

Civil remedy for personal injuries

In General.—

Statute of Limitations.—

Venue; Service of Process.—

Venue.—

Service of process.—

Editorial Notes

Codification

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment