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SENSITIVE 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 assert qualified immunity. the employee's conduct did not violate any clearly establ constitutional|or statutory|law of which a reasonable per have been aware at the time the conduct occurred. The as qualified immunity can result in a dismissal of the case trial, or can provide the basis for|a defense|if the case trial. |(3) Bureau employees may also be individual] state court. If the employee's conduct was within the sc his/her federal employment, the case may be removed to fe district court, and the United States may be substituted defendant. (Formerly in 9-3.3)| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: 9-3.1.1 |Service of Process (Formerly 9-3.5) Agents served with a civil summons and compla civil subpoena, from a state or federal court relating to taken within the scope of their employment, or who otherw that they have been named as a defendant in such a case, immediately notify their supervisor and the CDC. It is e the employee advise the CDC of the date of service and th service for transmittal to FBIHQ. Unless specifically au do so, no employee should accept service of process for a employee. | *kESEDtes 07/26/1999 MCRT#: 915 Div: D9 Cav: |9-3.1.2 Indemnification (1) An Agent who suffers an adverse judgment of a lawsuit arising out of actions taken within the acop on of |The|defense may be established by shpwing that shed rule of on would sertion of before goes to y sued in pe of deral as the proper SecCls: int, or a actions ise -learn should psential that fe manner of horized to y other SecCls: 2 a result of his/her employment may request the DOJ to indemnify him/her for any monetary damages awarded. (2) The determination to indemnify the euployee is discretionary with DOJ, and is based on a finding that in is in the interest of the United States. (3) An employee seeking indemnification must written request, with appropriate documentation including the verdict and judgment, to FBIHQ, Office of the General SENSITIVE Printed: 08/20/2003 06:43:34 demnification submit a copies of Counsel. Page 3 EEE a