42 U.S.C. § 1986 — Action for neglect to prevent

FEDERAL · 42 U.S.C. · Chapter SUBCHAPTER I—GENERALLY

Action for neglect to prevent

42 U.S.C. § 1986

ChapterSUBCHAPTER I—GENERALLY

This text of 42 U.S.C. § 1986 (Action for neglect to prevent) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 U.S.C. § 1986.

Text

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 

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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.

99 Cal. Daily Op. Serv. 3522, 1999 Daily Journal D.A.R. 4525, 1999 Daily Journal D.A.R. 6407 Terrence Lenon Ellis v. City of San Diego, California Mayor Susan Golding, San Diego Police Department Jerry Sanders, Chief of Police John Doe 1 M. Shaw Baines D. Johnson B. Hubble D. Leach L. McEuen A. Linardi Hartson Ambulance Company John Doe 2 University of California San Diego (u.c.s.d.) Medical Center K.B. Van Hoesen and Annette "Doe"

176 F.3d 1183 (Ninth Circuit, 1999)

20 case citations

Gatlin v. Green

362 F.3d 1089 (Eighth Circuit, 2004)

19 case citations

Koch v. Mirza

869 F. Supp. 1031 (W.D. New York, 1994)

15 case citations

White v. Williams

208 F.R.D. 123 (D. New Jersey, 2002)

9 case citations

Brever v. Rockwell International Corp.

40 F.3d 1119 (Tenth Circuit, 1994)

8 case citations

Arledge v. Sherrill

738 So. 2d 1215 (Louisiana Court of Appeal, 1999)

7 case citations

Kadonsky v. New Jersey

188 F. App'x 81 (Third Circuit, 2006)

5 case citations

97 Cal. Daily Op. Serv. 6758, 97 Daily Journal D.A.R. 11,005 Robert Bruns v. National Credit Union Administration Edward Segeberg Larry Torres Henry Garcia Health Associates Federal Credit Union Saint Joseph's Health Care Systems Thomas Porath Alan Garrett Ray Daitch Kevin Sims Gaynelle Joyce Mark Headland Michael Jones Tina Mycroft John McMillan Joseph Randolph Ronald Budman, and Glenn Kazahaya

122 F.3d 1251 (Ninth Circuit, 1997)

4 case citations

New Port Largo, Inc., a Florida Corporation, Charles H. Netter and Stuart D. Marr, New Port Largo, Etc. v. Monroe County, a Political Subdivision of the State of Florida, Kenneth Sorensen, Board Member of County Commissioners, Monroe Planning & Zoning, Donald Schloesser, Commissioners Board, Alison Fahrer, Commissioners Board, Curt Blair, Commissioners Board, and George Dolezal, Commissioners Board, Wilhelmenia Harvey, New Port Largo, Inc., Charles H. Netter and Stuart D. Marr, New Port Largo, Etc. v. Monroe County, a Political Subdivision of the State of Florida, Kenneth Sorensen, Etc.

985 F.2d 1488 (Eleventh Circuit, 1993)

1 case citations

Springer v. Seaman

639 F. Supp. 1137 (D. Maine, 1986)

1 case citations

Henry v. Newman

(D. Arizona, 2024)

Doscher v. Kroger Co

(W.D. Washington, 2023)

Benshoof v. Admon

(W.D. Washington, 2024)

Aaron v. Ratkowski

(E.D. Wisconsin, 2022)

Frank E. Voth v. Oregonian Newspaper of Oregon

977 F.2d 594 (Ninth Circuit, 1992)

Source Credit

History

(R.S. §1981.)

Editorial Notes

Editorial Notes

Codification
R.S. §1981 derived from act Apr. 20, 1871, ch. 22, §6, 17 Stat. 15.
Section was formerly classified to section 48 of Title 8, Aliens and Nationality.

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42 U.S.C. § 1986, Counsel Stack Legal Research, https://law.counselstack.com/usc/42/1986.

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