Page:United States Statutes at Large Volume 110 Part 6.djvu/31

 PUBLIC LAW 104-317—OCT. 19, 1996 110 STAT. 3853 SEC. 308. CONTRIBUTION RATE FOR SENIOR JUDGES UNDER THE JUDICIAL SURVIVORS' ANNUITIES SYSTEM. Section 376(b)(1) of title 28, United States Code, is amended to read as follows: "(b)(1) Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary. The deduction from any retirement salary— "(A) of a justice or judge of the United States retired from regular active service under section 371(b) or section 372(a) of this title, "(B) of a judge of the United States Court of Federal Claims retired under section 178 of this title, or "(C) of a judicial official on recall under section 155(b), 373(c)(4), 375, or 636(h) of this title, shall be an amount equal to 2.2 percent of retirement salary.". 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 28 USC 2412 provision of law, no judicial officer shall be held liable for any note. 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". TITLE IV—JUDICIAL FINANCIAL ADMINISTRATION SEC. 401. INCREASE IN CIVIL ACTION FILING FEE. (a) FILING FEE INCREASE.—Section 1914(a) of title 28, United States Code, is amended by striking out "$120" and inserting in lieu thereof "$150". (b) DISPOSITION OF INCREASE. —Section 1931 of title 28, United States Code, is amended— (1) in subsection (a) by striking out "$60" and inserting in lieu thereof "$90"; and (2) in subsection (b)—

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