EPO 38-39

Question 1

What are the civil lawsuits that can be served to an AMOA agent?

Answer 1

Common -law tort = violation of an ordinary duty or committed an ordinary bad action and caused injury or damage as a result

Constitutional tort = violation of constitutionally protected right and caused injury or damage as a result

Question 2

What should you do if you are sued for job-related conduct?

Answer 2

1. Immediately notify immediate supervisor and the Chief counsel that supports his office
2. Provide copies of the summons and complaint to the supervisor and counsel
3. Seek an attorney to assist (don’t delay as some time periods are as little as 30 days)
   
   • CBP counsel will assist in preparing a request for DOJ representation
   • hire attorney to assist

Question 3

What are the factors used to determine DOJ representation for an AMOA agent who is sued?

Answer 3

To qualify for DOJ representation your actions alleged in the lawful must fall within the scope of your federal employment = performing official duties

Question 4

What is conduct within “scope of employment”?

Answer 4

Performing official duties

also includes all reasonably foreseeable consequences (including negligent conduct) of performing those duties