-CITE-
42 USC Sec.
1986
01/16/96
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER I - GENERALLY
-HEAD-
Sec. 1986. Action for neglect to prevent
-STATUTE-
Every person who, having knowledge that any of
the wrongs
conspired to be done, and mentioned in section 1985 of this
title,
are about to be committed, and having power to prevent or aid
in
preventing the commission of the same, neglects or refuses so
to
do, if such wrongful act be committed, shall be liable to the
party
injured, or his legal representatives, for all damages caused
by
such wrongful act, which such person by reasonable diligence
could
have prevented; and such damages may be recovered in an
action on
the case; and any number of persons guilty of such wrongful
neglect
or refusal may be joined as defendants in the action; and if
the
death of any party be caused by any such wrongful act and
neglect,
the legal representatives of the deceased shall have such
action
therefor, and may recover not exceeding $5,000 damages
therein, for
the benefit of the widow of the deceased, if there be one,
and if
there be no widow, then for the benefit of the next of kin of
the
deceased. But no action under the provisions of this
section shall
be sustained which is not commenced within one year after the
cause
of action has accrued.
-SOURCE-
(R.S. Sec. 1981.)
-COD-
CODIFICATION
R.S. Sec. 1981 derived from act Apr. 20, 1871, ch.
22, Sec. 6, 17
Stat. 15.
Section was formerly classified to section 48 of
Title 8, Aliens
and Nationality.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1988 of
this title.