SUITS AGAINST AGENCY EMPLOYEES IN THEIR INDIVIDUAL CAPACITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00759R000100190014-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: June 4, 2002
• Sequence Number: 14
• Publication Date: October 5, 1978
• Content Type: MF

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OGC 78-6642
5 October 1978
MEMORANDUM FOR: Deputy Director for Administration
Deputy Director for Science & Technology
Deputy Director for Operations
Deputy to the DCI for National Intelligence
Deputy to the DCI for Resource Management
Deputy to the DCI for Collection Tasking
Director, Equal Employment Opportunity
Director of Public Affairs
Legislative Counsel
Inspector General
Comptroller
Executive Secretary
FROM . Anthony A. Lapham
General Counsel
SUBJECT Suits Against Agency Employees in Their
Individual Capacities
1. The Department of Justice recently alerted this
Office to certain special problems which may occur when
Government officials are sued in their personal capacities
for activities involving their official duties, and provided
appropriate guidance for dealing with these matters.
"So that your office and our office can work toward the
best representation possible for these officials, this
letter will highlight some recurring problems in suits
of this type, and provide some guidance in this area.
The most important point is that these suits need
to be identified quickly."
2. This Office is asked to contact Justice immediately
when officials are sued individually "so that an Assistant
United States Attorney can be assigned to them straightway
to ensure that the rights of any individually sued government
official are protected pending action on. representation
requests, etc." As you may know,.when CIA or CIA officials
are sued in their official capacities, this Office,accepts
service in the name of the Agency or the official. In order
to make clear to all concerned, in particular, the plaintiff,
that our acceptance of service is with respect-,to the defendant's
official capacity only, we will stamp the documents by which
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we accept service with the phrase "Service Accepted in
Official Capacity Only." Thus service on the individual in
his personal capacity would have to be accomplished in some
other way and, in some cases, might not be done at all.
In this connection, Justice points out that if the summons
and complaint are delivered to the employee's secretary
or assistant, that is inadequate service on the employee
unless he has specifically designated the secretary or
assistant to accept service.
3. In order to make certain that Justice is in a
position to promptly address these suits, whenever an
employee in your component is sued,. that is, whenever an
employee is served in a suit in which his activities in his
official capacity are the basis for the suit, this Office
should be contacted promptly with full details including, of
course, the date of service on the employee/defendant, the
name of the court, etc. We will advise Justice immediately
and we will consult with the defendant concerning possible
representation to be supplied by the Department of Justice STATINTL
and other pertinent aspects.
nthony ap am
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