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SENSITIVE Man1-ID:; LHBSAP] LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 SECTION 9. CIVIL AND CRIMINAL LIABILITY **EFEDte: 05/28/1980 MCRT#: 0 Div: D9 Cav: 9-1 IN GENERAL It is the purpose of this section to advise| the potential civil and criminal liability that their act employees may generate. responsibilities for paying money damages, the availabili representation, and the rules that are to be followed in civillor criminal|action is initiated are set forth below, KKEFEDtes 07/26/1999 MCRT#: 915 Div: D9 Cav: 9-2 CLAIMS AGAINST THE GOVERNMENT **EFEDte: 05/30/1991 MCRT#: 0 Div: D9 Cav: 9-2.1 Federal Tort Claims Act (1) Pursuant to the Federal Tort Claims Act The bases of civil liability, the SecCls: (See 3-4,3 and MIOG, Part 1, Secthon 197.) ents|of ons as FBI y of legal the event a SecCls: SecCls: (FTCA), Title 28, USC,|Section 2671, et seq.,|claims|may|be made for money damages against the|United States|for certain negligent or intent! misconduct committed by employees within the scope of ional their employment; e.g., claims resulting from the alleged negligent operation of an automobile, or those alleging the intenti assault, battery, false arrest, false imprisonment, malic prosecution or abuse of|process. The|FTCA is the exclusi al1|such|common law tort claims which arise from actions by| federal | employees within the scope of their employmen requirement of the FICA that an administrative claim for be submitted to the FBI prior to the initiation of a civil federal district court. Where appropriate, these claims| settled by either|the FBI|or the Civil Division of the D Justice (DOJ). (See Manual of Investigative Operations (MIOG), Part 1, Section 120.) onal torts of ious ve remedy for taken . It isa compensation 1 action in may be| partment of d Guidelines (2) When a claim is made or a suit filed under the FTCA, the government is responsible for any | judgment | or settle ent |entered. A| judgment in an action brought under the FICA 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. **EfFEDte: 07/26/1999 MCRT#: 915 Div: DI Cav: 9-2.1.1 Automobile Accidents SENSITIVE Printed: 08/20/2003 06:43:34 SecCls: Page 1 1 | cd ah a ha