Pub. L. 104-317, tit. III, sec. 309
PROHIBITION AGAINST AWARDS OF COSTS, INCLUDING ATTORNEY’S FEES, AND INJUNCTIVE RELIEF AGAINST A .JUDICIAL OFFICER.
SEC. 309. PROHIBITION AGAINST AWARDS OF COSTS, INCLUDING ATTORNEY’S FEES, AND INJUNCTIVE RELIEF AGAINST A .JUDICIAL OFFICER. (a)Nonliability for Costs.—Notwithstanding any other provision of law, no judicial officer shall be held liable for any costs, including attorney’s fees, in any action brought against such officer for an act or omission taken in such officer’s judicial capacity, unless such action was clearly in excess of such officer’s jurisdiction. (b)Proceedings in Vindication of Civil Rights—Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting before the period at the end thereof “, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity such officer shall not be held liable for any costs, including attorney’s fees, unless such action was clearly in excess of such officer’s jurisdiction”. (c)Civil Action for Deprivation of Rights.—Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by inserting before the period at the end of the first sentence: “, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable”.