Laserfiche WebLink
FOR OFFICIAL USE ONLY <br /> 11 <br /> case-by-case basis, and the FBI cannot guarantee such certification to any SRVCTF <br /> personnel. <br /> 73. For the limited purpose of defending against a civil claim arising from an alleged violation <br /> of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named <br /> Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned <br /> to the SRVCTF who is named as a defendant in a civil action as a result of or in <br /> connection with the performance of his or her official duties and assignments pursuant to <br /> this MOU may request individual-capacity representation by DOJ to defend against the <br /> claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual-capacity <br /> representation must be made in the form of a letter from the individual defendant to the <br /> U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for <br /> the FBI Seattle Division, who will then coordinate the request with the FBI Office of the <br /> General Counsel. In the event of an adverse judgment against the individual, he or she <br /> may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ <br /> representation and indemnification are determined by DOJ on a case-by-case basis. The <br /> FBI cannot guarantee the United States will provide legal representation or <br /> indemnification to any SRVCTF personnel. <br /> 74. Liability for any conduct by SRVCTF personnel undertaken outside of the scope of their <br /> assigned duties and responsibilities under this MOU shall not be the responsibility of the <br /> FBI or the United States and shall be the sole responsibility of the respective employee <br /> and/or agency involved. <br /> DURATION <br /> 75. The term of this MOU is for the duration of the SRVCTF's operations, contingent upon <br /> approval of necessary funding, but may be terminated at any time upon written mutual <br /> consent of the agency involved. <br /> 76. Any participating agency may withdraw from the SRVCTF at any time by written <br /> notification to the SSA with designated oversight for investigative and personnel matters <br /> or program manager of the SRVCTF at least 30 days prior to withdrawal. <br /> 77. Upon termination of this MOU, all equipment provided to the SRVCTF will be returned to <br /> the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the <br /> entity will return equipment to the supplying agency/agencies. Similarly, remaining <br /> agencies will return to a withdrawing agency any unexpended equipment supplied by the <br /> withdrawing agency during any SRVCTF participation. <br /> MODIFICATIONS <br /> 78. This agreement may be modified at any time by written consent of all involved agencies. <br /> FOR OFFICIAL USE ONLY <br /> This document is the property of the FBI and is loaned to your agency. <br /> Neither it nor its contents may be released without authorization by FBI Headquarters. <br />