Civil action

(a) In general Any individual in custody aggrieved by a violation of this Act, or the emergency contact, next-of-kin, or personal representative of the estate of such an individual, may bring a civil action for any violation of this Act in an appropriate district court of the United States against the United States, any contractor, subcontractor, or operator of a covered facility, or any officer or employee thereof acting in an official capacity. (b) Relief In an action under this section, the court shall award to a prevailing plaintiff— (1) actual damages or statutory damages of not less than $100,000 for each violation, whichever is greater; (2) in the case of a willful violation, punitive damages against any defendant other than the United States; (3) declaratory and injunctive relief, as appropriate; and (4) reasonable attorney’s fees and litigation costs. (c) Separate violations For purposes of this section and section 3(b), each day a notification required by this Act remains unmade constitutes a separate violation. (d) Waiver of sovereign immunity The United States shall not be immune from suit under this section, and sovereign immunity shall not be a defense to any action brought under this section. (e) Relationship to other remedies The remedies under this section are in addition to, and not in lieu of, the civil penalty under section 3(b) and any other remedy available under Federal or State law, and may not be conditioned on the exhaustion of any administrative remedy. An award under this section shall not reduce, satisfy, or bar the civil penalty under section 3(b), and payment of that penalty shall not bar an action under this section.