Causes of Action

A cause of action is the statute or theory that permits you to bring a lawsuit. This is different from a claim. A claim is the theory of what makes the defendant’s conduct unlawful. The cause of action is not why something is unlawful, but rather why you can bring a lawsuit about it.

In some circumstances, the theory of what makes the defendant’s conduct unlawful (the claim) and the cause of action will be the same. For many statutory claims, the cause of action and the claim will be the same because the statute that was violated either has an explicit cause of action or has an inferred cause of action. For example, Title VII of the Civil Rights Act of 1964 includes both an explicit cause of action and substantive law not to discriminate.

But in many cases, the claim and the cause of action will be different, even with statutory claims. Then, the plaintiffs need another avenue to get into court. For example, the Clearinghouse has many cases involving constitutional claims that rely on one or more of the following causes of action: 42 U.S.C. § 1983, Ex parte Young, and Bivens. Which of these causes action applies depends on the type of government officials being sued and the relief sought by the plaintiffs:

Relief Sought	Defendant Type	Cause(s) of Action
damages	state or local officials	42 U.S.C. § 1983
injunctive relief	state or local officials	42 U.S.C. § 1983 Ex parte Young
damages	federal officials	Bivens
injunctive relief	federal officials	Ex parte Young

causes

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The cause(s) of action for the case. If causes is an empty list, then check cause_other for a cause of action not in the Clearinghouse's predefined list or check case_status.

Possible causes of action:

Value	Description
42 U.S.C. § 1981	This law prohibits race-based employment discrimination.
42 U.S.C. § 1982	This law prohibits race-based discrimination in the sale or rental of property.
42 U.S.C. § 1983	This law allows people to bring a lawsuit against persons acting under color of state law for violating federal constitutional or statutory rights.
42 U.S.C. § 1985	This law allows people to bring a lawsuit for three types of conspiracy: (1) preventing an officer from performing their duties, (2) obstructing justice by intimidating a party, witness, or juror, and (3) depriving a person's rights or privileges.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.	This law governs federal administrative agencies and how they propose/establish regulations. It has been called a "constitution" for administrative law.
Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.	This law's purpose was to (1) establish a program of adoption assistance, (2) strengthen foster care assistance, and (3) improve the child welfare, social services, and aid to families with dependent children programs.
Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.	This law gives funding to states to create programs that facilitate the adoption of children who would otherwise remain in long-term foster care.
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.	This law prohibits age-based employment discrimination against people age 40 and older.
Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350	This law allows aliens to bring tort claims alleging violations of international law in federal district court.
All Writs Act, 28 U.S.C. § 1651	This law allows courts to issue writs (legal orders).
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.	This law prohibits discrimination against people with disabilities in employment, government services, public transit, businesses open to the public, telecommunications, and other activities.
Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.	This law provides federal funding for programs for prevention, identification, and treatment of child abuse and neglect. It also provides a minimum definition of "child abuse and neglect."
Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)	The Civil Rights Act of 1957 was the first post-Reconstruction civil rights law. Among other things, it allowed federal prosecutors to obtain injunctions against interfering with the right to vote (particularly for Black Americans). The Civil Rights Act of 1960 was enacted largely to address the shortcomings of the 1957 law.
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.	This law allows the Attorney General of the U.S. to review practices and conditions in state- and local-run prisons and jails.
Clean Water Act (CWA), 33 U.S.C. § 1319 et seq.	This law regulates discharges of pollutants into U.S. waters and quality standards for surface waters.
Clean Air Act, 42 U.S.C. §7401 et seq.	This law regulates air pollution. For example, it requires the EPA to adopt national air quality standards that states then must meet.
Community Reinvestment Act, 12 U.S.C. § 2901	This law requires federal banking agencies to assess how well depository institutions (e.g. banks) are meeting the needs of their communities, including low- and moderate-income communities.
Criminal Conspiracy to Violate Federal Rights, 18 U.S.C. § 241	This law makes it a federal crime to agree with others to violate federal rights while acting in a state capacity.
Criminal Violation of Federal Rights Under Color of Law, 18 U.S.C. § 242	This law makes it a federal crime to violate federal rights while acting in a state capacity.
Declaratory Judgment Act, 28 U.S.C. § 2201	This law allows courts to grant declaratory judgments as relief, but the law does not independently provide a basis for relief.
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.	This law establishes programs for helping individuals with development disabilities and their families.
Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001	This law sets standards for most private retirement and health plans to provide protection for individuals on those plans.
Endangered Species Act, 16 U.S.C. § 1531 et seq.	This law establishes protections for fish, wildlife, and plants that are listed as threatened or endangered; it also manages those lists of threatened or endangered species.
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691	This law prohibits discrimination in activity under the Consumer Credit Protection Act and requires creditors to provide reasons for denying an applicant credit.
Equal Pay Act, 29 U.S.C. § 206(d)	This law requires that men and women in the same workplace be given equal pay for equal work.
Ex Parte Young (Federal) or Bivens	This combination enables damage suits brought against federal officials (see above).
Ex parte Young (federal or state officials)	Ex parte Young enables injunctive suits brought against federal officials or state officials (see above).
Fair Credit Reporting Act, 15 U.S.C. § 1681 ("FCRA")	This law protects information collected by consumer reporting agencies.
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.	This law prohibits discrimination in housing, covering rentals, sales, mortgages, advertising, and other housing-related activities.
Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219	This law establishes minimum wage, overtime pay, recordkeeping, and youth employment standards.
False Claims Act, 31 U.S.C. § 3729	This law creates a penalty for anyone who knowingly submits, or causes to submit, false claims to the government.
Federal Campaign Finance law, 2 U.S.C. §§ 431 et seq.	This law puts limits on campaign contributions to candidates for president and Congress.
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674	This law authorizes damage suits against the federal government for torts of its employees.
FISA Title III Warrant (Physical Search), 50 U.S.C. §§ 1821-1829	The Foreign Intelligence Surveillance Act (FISA) provides judicial and congressional oversight of government agencies engaging in foreign intelligence surveillance activities. Title III allows agencies to seek a warrant for physical searches to collect foreign intelligence.
FISA Title IV order (pen register/trap-and-trace), 50 U.S.C. §§ 1841-1846	The Foreign Intelligence Surveillance Act (FISA) provides judicial and congressional oversight of government agencies engaging in foreign intelligence surveillance activities. Title IV allows agencies to seek an order authorizing the installation of pen register and trap-and-trace devices to collect foreign intelligence.
FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812	The Foreign Intelligence Surveillance Act (FISA) provides judicial and congressional oversight of government agencies engaging in foreign intelligence surveillance activities. Title I allows agencies to seek a warrant for electronic surveillance to collect foreign intelligence.
FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c	The Foreign Intelligence Surveillance Act (FISA) provides judicial and congressional oversight of government agencies engaging in foreign intelligence surveillance activities. Section 702 permits foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad without needing to establish probable cause. There is a special collection related to this cause of action.
FISA Title V order (PATRIOT Act § 215, business records or other tangible things), 50 U.S.C. §§ 1861-1862	The Foreign Intelligence Surveillance Act (FISA) provides judicial and congressional oversight of government agencies engaging in foreign intelligence surveillance activities. Title V allows agencies to seek an order compelling certain businesses to release records in connection with a foreign intelligence investigation by the FBI. Section 215 of the PATRIOT Act (expired in 2020), expanded business records to include "any tangible thing."
Freedom of Information Act (FOIA), 5 U.S.C. § 552	This law requires disclosure of documents controlled by federal or state governments (or other public authorities) upon request.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255	This law allows an individual files a civil suit challenging their criminal conviction. Habeas is generally considered an individual's last resort attempt to overturn their sentence.
Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)	This law addressed improvements to voting systems and voter access that were identified following the 2000 election.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)	This law provides increased penalties for undocumented immigrants who commit crimes while in the U.S., allows for the deportation for undocumented immigrants who commit a misdemeanor or felony, and provides additional restrictions for asylum applications.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.	This law covers many aspects of immigration law, such as naturalization and refugee assistance.
Immigration Reform and Control Act of 1986 (IRCA)	This law prohibits knowingly employing illegal immigrants.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400	These laws ensure that children with disabilities have access to free appropriate education, including special education and related services.
Juvenile Justice Act, 42 U.S.C. § 5672	A section of the Juvenile Justice and Delinquency Prevention Act, which supports local and state efforts to prevent delinquency and improve juvenile justice systems.
Mandamus, 28 U.S.C. § 1361	This law authorizes federal courts to compel government employees to do their duty.
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)	Medicaid provides health coverage to eligible low-income adults, children, pregnant women, elderly adults and people with disabilities.
Medicare, 42 U.S.C. 1395-1395lll (Title XVIII of the Social Security Act)	Medicare provides health coverage to individuals 65 and older, certain younger individuals with disabilities, and those with End-Stage Renal Disease.
Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871	This law protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping.
National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f	This law requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions.
National Labor Relations Act	This law provides private-sector employees the fundamental right to seek better working conditions and designation of representation without fear of retaliation.
National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)	This law requires state governments to offer simplified voter registration processes for any eligible person who applies for or renews a driver's license or applies for public assistance. The law also allows the DOJ to bring civil actions in federal court to enforce its requirements.
Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act	The Nursing Home Reform Act was passed as part of the Omnibus Reconciliation Act of 1987, which establishes performance standards for nursing homes.
Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801	This law protects the rights of individuals with mental illnesses.
Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e	This law supports the protection and advocacy system in each state to protect the legal and human rights of individuals with disabilities.
Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.	This law authorizes civil lawsuits for acts performed as part of an ongoing criminal organization.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)	RFRA provided a "strict scrutiny" standard for evaluating generally applicable and neutral laws that pose a burden on someone's religious practice. RLUIPA applied the same principle to state and local governments.
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6928 et seq.	This law the proper management of hazardous and non-hazardous solid waste.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701	This law guarantees certain rights to people with disabilities.
Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.	Also known as the Social Services Block Grant, Title XX provides federal funding to states and territories to support social services for vulnerable children, adults, and families.
State Anti-Discrimination Law	Any state law (as opposed to a federal law) that prohibits discrimination.
State law	Any state law (as opposed to a federal law).
Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.	This law prohibits segregation and discrimination in public school and university systems. It authorizes the U.S. Attorney General to bring enforcement actions.
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.	This law prohibits sex (including pregnancy, sexual orientation, and gender identity) discrimination in any education program or activity receiving federal financial assistance.
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.	This law prohibits discrimination by recipients of federal financial assistance. It authorizes federal agencies to conduct investigations and (in some cases) private individuals to bring lawsuits.
Title VII (including PDA), 42 U.S.C. § 2000e	This law prohibits discrimination in employment on the basis of "race, color, religion, sex, or national origin." It authorizes lawsuits brought by the Equal Employment Opportunity Commission (EEOC), the DOJ, and private individuals.
Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589	This law prohibits human trafficking and provides for protection of human trafficking victims.
Uniformed and Overseas Citizens Absentia Voting Act, 52 U.S.C. § 20301 (previously 42 U.S.C. § 1973ff et seq.)	This law requires states and territories to allow absentee voting for members of the U.S. military, their families, and U.S. citizens living abroad.
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301	This law prohibits employment discrimination against members of the U.S. military and veterans on the basis of their service.
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)	This law addresses crime and law enforcement. Among many other things, it defines and classifies various crimes.
Voting Accessibility law, 52 U.S.C. § 20102 (previously 42 U.S.C. §§ 1973ee et seq.)	This law requires accessible polling places in federal elections for elderly individuals and people with disabilities (or alternative means of voting).
Voting Rights Act, section 203 (language minority provision), 52 U.S.C. § 10503 (previously 42 U.S.C. § 1973aa-1a)	This law requires that all election information that is available in English also be available in the language of specific minority communities.
Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)	This law provides for voters who need assistance to vote by reason of blindness, disability, or inability to read or write.
Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)	This law prohibits voting practices and procedures that discriminate on the basis of race, color or membership in a language minority group.
Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)	This law provides a preclearance requirement whereby changes in voting practices and procedures in certain locations must be found to have no discriminatory purpose or effect before those changes can be put into place.
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)	The Voting Rights Act protects the right to vote for minority populations (and was originally enacted to overcome barriers for Black Americans to vote). This option is a catch-all option for provisions that don't have their own option (above).

cause_other

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The case's cause(s) of action that are not in the Clearinghouse's predefined list.