Civil liability

(a) In general Any party deprived of his rights, privileges, or immunities secured by the Constitution and laws of the United States as a result of the actions for which an individual is indicted by the special prosecutor established in this Act may bring a civil action against that individual in the appropriate district court of the United States. (b) Damages Damages available pursuant to such action may include— (1) compensatory damages, including all economic damages associated with the deprivation of rights, privileges, or immunities; (2) non-economic damages for emotional distress and pain and suffering; and (3) punitive damages, if the party proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently, or recklessly. (c) Bar on qualified immunity Any individual alleged to be liable in a civil action under subsection (a) may not invoke a defense or immunity in any action that— (1) the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when the conduct was committed; or (2) the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the defendant, or that at such time, the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.