; and (ii) is being subjected to, or about to be subjected to, such a violation (including a violation of section 4(b)(11)). (3) Appointment of attorney; no fees, costs, or security Upon application by the complainant described in paragraph (2) and in such circumstances as the court may determine to be just, the court may appoint an attorney for the complainant and may authorize the commencement of such civil action without the payment of fees, costs, or security. (4) Futile gesture not required Nothing in this section shall require an individual with an LTSS disability to engage in a futile gesture if such person has actual notice that a public entity or LTSS insurance provider does not intend to comply with the provisions of this Act. (b) Damages and injunctive relief If the court finds that a violation of this Act has occurred or is about to occur, the court may award to the complainant— (1) actual and punitive damages; (2) immediate injunctive relief to prevent institutionalization; (3) as the court determines to be appropriate, any permanent or temporary injunction (including an order to immediately provide or maintain community-based long-term services or supports for an individual to prevent institutionalization or further institutionalization), temporary restraining order, or other order (including an order enjoining the defendant from engaging in a practice that violates this Act or ordering such affirmative action as may be appropriate); and (4) in an appropriate case, injunctive relief to require the modification of a policy, practice, or procedure, or the provision of an alternative method of providing LTSS, to the extent required by this Act. (c) Attorney’s fees