Civil Litigation Newsroom

Assistant Attorney General Of The Civil Rights Division To The United States Attorney For Trial

Except for any particular civil case or category of civil case (see USAM 8-2.180) that may be assigned by the Assistant Attorney General of the Civil Rights Division to the United States Attorney for trial, the Civil Rights Division has the responsibility for handling all civil matters and cases, including all correspondence, motions, responses, briefs and arguments. For administrative and informational purposes, the Division will keep the United States Attorney advised of the progress of such matters by forwarding to him/her copies of correspondence and pleadings served on opposing counsel and/or filed with the trial court. The Division should confer with the United States Attorney with respect to the position to be taken in civil cases, and utilize such assistance as may be mutually agreeable between the Division and the United States Attorney. Notwithstanding the foregoing case responsibilities, the Division and the United States Attorney should cooperate in assisting each other by taking complementary steps to protect fully the interests of the United States and to assure the successful prosecution of the litigation.

The following procedures are generally applicable to investigations and trials in civil matters in which the Civil Rights Division has responsibility.

8-2.110 Investigations

With certain exceptions noted below, the FBI is generally authorized to conduct preliminary investigations into civil rights complaints without prior authorization from the Assistant Attorney General, Civil Rights Division, or from the United States Attorney. (Instructions for standard preliminary investigations have been devised and furnished to the FBI for many of the civil statutes administered by the Division. Copies of such instructions may be obtained from the appropriate Section in the Division.) The United States Attorney will be notified when any investigation is commenced in his/her district, and when the size, extent, or scope of any investigation, absent an emergency, is other than routine, the Assistant Attorney General, Civil Rights Division, or his/her authorized Section Chief shall advise and consult with the United States Attorney prior to the instigation of such investigation.

When complaints are received by the United States Attorney, the appropriate Section of the Civil Rights Division should be consulted as to how best to proceed with the complaint. Such complaints also may be referred to the FBI for investigation.

When the Division requests the FBI to conduct an investigation, a copy of the request will be forwarded to the United States Attorney for the District. During or upon completion of the preliminary investigation, the United States Attorney should forward his/her views to the Assistant Attorney General, Civil Rights Division, to the attention of the Chief of the Section which has enforcement responsibility for the matter being investigated