# Justice Manual § 8-2.140: Intervention

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S8-2.140

## Section

- **Citation:** Justice Manual § 8-2.140
- **Heading:** Intervention
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 8: Civil Rights / 8-2.000 - Enforcement Of Civil Rights Civil Statutes / Justice Manual § 8-2.140

## Text

Several civil rights statutes specifically authorize the Attorney General to intervene in private plaintiff cases.

Title IX of the Civil Rights Act of 1964, 42 U.S.C. § 2000h-2, authorizes the Attorney General to intervene in cases of general public importance involving alleged denials of equal protection of the laws on account of race, color, religion, sex, or national origin. In light of the statutory requirement of certification by the Attorney General, any request for intervention from a private litigant received by the United States Attorney should be forwarded to the Civil Rights Division with a recommendation.

Additionally, the Fair Housing Act, 42 U.S.C. § 3613(e), Title III of the Americans with Disabilities Act, 42 U.S.C. § 12188, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-6, and the Pregnant Workers Fairness Act, 42 U.S.C. §§ 2000gg to 2000gg-6, authorize the Attorney General to intervene in cases initiated by private individuals when she or he certifies that the case is of general public importance.

Similarly, the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997c, authorizes the Attorney General to intervene in any action commenced in any court of the United States seeking relief from conditions depriving persons in state or local institutions of their federal rights when the Attorney General has reason to believe that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities. A motion to intervene may not be filed until 90 days after the commencement of the action. In the motion to intervene, the Attorney General must certify to the court that the appropriate state officials have been notified of (a) the alleged conditions and pattern or practice; (b) the supporting facts giving rise to the alleged conditions; and (c) the minimum measures that may remedy the alleged conditions and the alleged pattern or practice
90 days after the commencement of the action. In the motion to intervene, the Attorney General must certify to the court that the appropriate state officials have been notified of (a) the alleged conditions and pattern or practice; (b) the supporting facts giving rise to the alleged conditions; and (c) the minimum measures that may remedy the alleged conditions and the alleged pattern or practice. Motions to intervene and certifications must be signed by the Attorney General personally.

The Equal Educational Opportunities Act, 20 U.S.C. § 1709, authorizes the Attorney General to intervene in cases initiated by private individuals for denials of educational opportunity under Section 1706 upon timely application.

The United States Attorney’s Office should notify the Assistant Attorney General for the Civil Rights Division, or his or her designee, upon learning of a case in which intervention by the United States under these statutes or any other civil rights statute might be appropriate, or when directed by a court to intervene.

[updated July 2023]

## Nearby sections

- [Justice Manual § 8-2.010 General Procedures](https://www.frixlaw.com/law-library/statutes/JM_S8-2.010.md)
- [Justice Manual § 8-2.100 Civil Rights Matters](https://www.frixlaw.com/law-library/statutes/JM_S8-2.100.md)
- [Justice Manual § 8-2.110 Pre-Investigation Review and Investigations](https://www.frixlaw.com/law-library/statutes/JM_S8-2.110.md)
- [Justice Manual § 8-2.120 Institution of Civil Proceedings—Authorization](https://www.frixlaw.com/law-library/statutes/JM_S8-2.120.md)
- [Justice Manual § 8-2.130 Litigation and Trial](https://www.frixlaw.com/law-library/statutes/JM_S8-2.130.md)
- [Justice Manual § 8-2.140 Intervention](https://www.frixlaw.com/law-library/statutes/JM_S8-2.140.md)
- [Justice Manual § 8-2.150 Appeals](https://www.frixlaw.com/law-library/statutes/JM_S8-2.150.md)
- [Justice Manual § 8-2.160 Cooperation with Private Litigants](https://www.frixlaw.com/law-library/statutes/JM_S8-2.160.md)
- [Justice Manual § 8-2.170 Standards for Amicus Participation and Statements of Interest](https://www.frixlaw.com/law-library/statutes/JM_S8-2.170.md)
- [Justice Manual § 8-2.210 Employment Litigation Section](https://www.frixlaw.com/law-library/statutes/JM_S8-2.210.md)
- [Justice Manual § 8-2.211 Employment Litigation Section—Affirmative Suits Under Title VII](https://www.frixlaw.com/law-library/statutes/JM_S8-2.211.md)
- [Justice Manual § 8-2.212 Employment Litigation Section—Affirmative Suits Under Executive Orders 11246, as Amended](https://www.frixlaw.com/law-library/statutes/JM_S8-2.212.md)
- [Justice Manual § 8-2.213 Employment Litigation Section—Affirmative Suits under the Uniformed Services Employment and Reemployment Rights Act](https://www.frixlaw.com/law-library/statutes/JM_S8-2.213.md)
- [Justice Manual § 8-2.214 Employment Litigation Section—Defensive Suits](https://www.frixlaw.com/law-library/statutes/JM_S8-2.214.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S8-2.140. Check the current official text before relying on it. Not legal advice.
