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SENSITIVE Manl~ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 The FTCA is the exclusive remedy for claims arising from an employee's negligent operation of a motor vehicle if the employee was acting within the scope of employment. ia aa deepen of scope | of employment, as well as thejextent of liability is determined by applying the law of the state|where|the accident occurred While the government|may settle|claims arising from an employee's negligent operation of a motor vehicle, FBIHQ way|require reimbursement from|the employee | for damage to Bureau property in those instances where an employee is determined to have been grossly negligent or is utilizing the motor vehicle|in|other than| official | business. (See Manual of Administrative Operations and Procedures (MAOP), Part 1, Section 12-2.5.1.) **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-2.2 Claims|without Regard to Negligence| $50,000 may be settled under the Director's (or his desighee's) authority whenever injury, damage or loss of property occurs as the result of|an act|performed in the line of|duty, without | regard to negligence| (e.g., Agents break open a locked dopr to lawfully execute a warrant, and the claimant is an innpcent third party|owner). Where appropriate, these claims are settled by either | Pursuant to Title 31, USC, Section 3724, sabe up to i9 Chief eter Counsel (CDC) or FBIHQ.| (See MIOG, Part 1, Section 197-11.1.) kKEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-3 SUITS AGAINST THE EMPLOYEE **kEFEDte: 05/30/1991 MCRT#: 0 Div: D9 Cav: SecCls: 9-3.1 |Civil Liabality| (1) Bureau employees may be individually sued in federal district court for allegedly violating rights guaranteed by the United States Constitution. |The majority of these cases arise as "Bivens" suits, from the Supreme Court case which first recognized! this cause of action. However, such cases may also be styled under federal civil rights statutes. Certain federal statutes also authorize civil suits against individuals, including government employees, who violate provisions of the statute. Examples include Title 18, USC, Section 2520, which SENSITIVE Printed: 08/20/2003 06:43:34 Page 2 TET OTE TTT Ta