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_~ Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 NS SECTION 9. CIVIL AND CRIMINAL LIABILITY *x*EEEDte: 05/28/1980 MCRT#: 0 Div: D9 Cav: SecCls: 9-1 IN GENERAL (See 3-4.3 and MIOG, Part 1, Section 197.) It is the purpose of this section to advise|Agents | of the potential civil and criminal liability that their actions as FBI employees may generate. The bases of civil liability, the responsibilities for paying money damages, the availability of legal representation, and the rules that are to be followed in the event a civillor criminal|action is initiated are set forth below. *x*peeDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-2 CLAIMS AGAINST THE GOVERNMENT xtEEEDte: 05/30/1991 MCRT#: 0 Div: D9 Cav: SecCls: —m 9-2.1 Federal Tort Claims Act (1) Pursuant to the Federal Tort Claims Act (FTCA), Title 28, USC,|Section 2671, et seq. , |claims|may|be made for money damages against the|United States|for certain negligent or intentional misconduct committed by employees within the scope of their employment; e.g-, claims resulting from the alleged negligent operation of an automobile, or those alleging the intentional torts of assault, battery, false arrest, false imprisonment, malicious prosecution or abuse of | process. The| FTCA is the exclusive remedy for ali|such|common law tort claims which arise from actions taken py| federal | employees within the scope of their employment. It is a requirement of the FTCA that an administrative claim for compensation be submitted to the FBI prior to the initiation of a civil action in federal district court. Where appropriate, these claims |may be settled by either|the FBI|or the Civil Division of the Department of Justice (DOJ). (See Manual of Investigative Operations and Guidelines (MIOG), Part 1, Section 120.) (2) When a claim is made or a suit filed under the FTCA, the government is responsible for any | judgment | or settlement | entered. A| judgment in an action brought under the FTCA is a complete bar to any action by the same plaintiff, based on the same subject matter, against the government employee whose acts gave rise to the claim. o~ ‘*EEeDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-2.1.1 Automobi12 Accidents “SENSEPEVE es 1 Printed: 05/05/2004 13:08:54 Page