,i #aafth ,,congress #b;d ,session ,h4 ,r4 #higf ,,in ,,the ,,house ,,of ,,representatives ,december #af1 #bjbj ,mr4 ,danny ,k4 ,davis of ,illinois introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to clarify access to courts of the ,united ,states for persons seeking redress for a violation of a constitutional right by the ,united ,states or any agent1 person1 or entity acting in the name of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,access to the ,american ,courts ,act of #bjbj4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states ,constitution sets forth limits on the ability of the ,united ,states to act4 7#b7 ,the ,constitution would not have been adopted and therefore the ,united ,states of ,america would not have been formed or come into existence unless the ,bill of ,rights1 the first #aj ,amendments to the ,constitution1 had not been adopted prior to its approval by the first #ac ,states forming the ,united ,states of ,america4 7#c7 ,the right of the ,american people to hold the ,united ,states accountable for violations of the ,constitution committed by people acting allegedly in the name of the ,united ,states has been the cornerstone and bedrock upon which the freedom of the ,american people has been based4 7#d7 ,the right of the ,american people to come before a court and seek redress and thereby hold the ,government of the ,united ,states accountable for violations of the ,constitution is now seriously disputed4 7#e7 ,the ,executive ,branch of the ,united ,states ,government has asserted1 in actions filed in the ,united ,states courts by ,americans seeking redress for alleged ,constitutional violations1 that no one can sue the ,government1 even for a ,constitutional violation1 unless the ,government first agrees to be sued4 ,the ,executive ,branch has asserted an overbroad interpretation of the extent of sovereign immunity1 which bars suits against the ,government based on statutory violations1 to now include suits based on ,constitutional violations as well4 7#f7 ,the effect of the ,executive ,branch's extension of sovereign immunity so as to include constitutional rights as well as statutory rights would be that-- 7,a7 the ,bill of ,rights would be converted to a mere bill of suggested rights2 and 7,b7 constitutional rights would be enforceable only when and if the ,government deigns to grant permission for their individual enforcement on a case-by-case basis4 7#g7 ,the ,bill of ,rights and the other ,amendments to the ,constitution are not mere suggestions1 but the inherent and enforceable rights possessed by all ,american people4 ,these ,amendments grant to all ,americans the right to seek redress for ,constitutional violations committed in the name of the ,united ,states without first having to obtain the permission of the ,government before seeking such redress in ,federal court4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 all ,americans should have access to ,federal courts in order to seek relief and redress for alleged claims of violations of constitutional rights2 and 7#b7 the doctrine of sovereign immunity1 as well as any assertion of any statute of limitation or equitable laches 7under equity or statute7 was never intended to bar1 restrict1 hinder or otherwise delay access to court or the filing of a claim seeking relief or redress against the ,government for an alleged violation of a constitutional right4 #d4 ,jurisdiction of district courts ,the district courts of the ,united ,states shall have jurisdiction to hear any complaint or claim for relief based upon an alleged violation of a constitutional right by the ,united ,states or any agent1 person or entity acting in the name of the ,united ,states4 ,each such court has authority to grant any relief necessary to redress a violation of a constitutional right1 including monetary1 injunctive1 and declaratory relief4 #e4 ,right to a jury trial ,a person filing an action in a district court of the ,united ,states seeking redress for a violation of a constitutional right by the ,united ,states or any agent1 person1 or entity acting in the name of the ,united ,states shall have the right to request a jury trial4 ,in the case of an action containing both constitutional and non-constitutional claims against the ,united ,states1 the court shall grant jury trial for all claims1 and shall grant a jury trial for the constitutional claims4 #f4 ,attorney fees and costs ,in the case that the plaintiff prevails in an action brought against the ,united ,states seeking redress for a violation of a constitutional right by the ,united ,states or any agent1 person1 or entity acting in the name of the ,united ,states1 the court shall award the plaintiff attorney fees and costs4