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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 provides for the recovery of money damages for the illegal interception of wire or oral communications. (2) Among the defenses available to an employee sued |for constitutional or statutory violations|is the assertion of qualified immunity. | The| defense may be established by showing that the employee's conduct did not violate any clearly established rule of constitutional |or statutory|law of which a reasonable person would have been aware at the time the conduct occurred. The assertion of qualified immunity can result in a dismissal of the case before trial, or can provide the basis for|a defense|if the case goes to trial. |(3) Bureau employees may also be individually sued in state court. If the employee's conduct was within the scope of his/her federal employment, the case may be removed to federal district court, and the United States may be substituted as the proper defendant. (Formerly in 9-3.3)| X*BEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-3.1.1 |Service of Process (Formerly 9-3.5) Agents served with a civil summons and complaint, or a civil subpoena, from a state or federal court relating to actions taken within the scope of their employment, or who otherwise learn that they have been named as a defendant in such a case, should immediately notify their supervisor and the CDC. It is essential that the employee advise the CDC of the date of service and the manner of service for transmittal to FBIHQ. Unless specifically authorized to do so, no employee should accept service of process for any other employee. | *x*EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |9-3.1.2 Indemnification (1) An Agent who suffers an adverse judgment as a result of a lawsuit arising out of actions taken within the scope of his/her employment may request the DOJ to indemnify him/her for any monetary damages awarded. (2) The determination to indemnify the employee is discretionary with DOJ, and is based on a finding that indemnification is in the interest of the United States. (3) An employee seeking indemnification must submit a written request, with appropriate documentation including copies of the verdict and judgment, to FBIHQ, Office of the General Counsel. ee Printed: 05/05/2004 13:08:54 Page 3