Defensive Litigation

With the exception of the categories of Direct Reference Cases discussed in Section 4-1.310,the Branch will determine the type of handling that cases are to receive.  Federal Programs Branch cases will be designated for one of the following types of handling:

Personally Handled (P) cases are handled by Branch attorneys. These cases will often involve serious or novel constitutional or statutory challenges to federal programs, cases challenging a nationwide program, with potentially far-reaching implications, cases in which either the client agency or the USAO has requested assistance, or cases that for whatever additional reason justify the use of resources of the Civil Division from Washington, D.C. Where practical, the Federal Programs Branch will consult with the United States Attorney before designating a case to be personally handled.

Jointly Handled (JH) cases are those in which both a Branch attorney and an Assistant United States Attorney will each personally handle aspects of the litigation.

Monitored (M) cases are handled by Assistant United States Attorneys, with Civil Division attorneys responsible for being knowledgeable about case developments and strategy and available for advice and consultation.

Delegated (D) cases are handled by Assistant United States Attorneys, with involvement by Branch attorneys only on request.

Where a USAO learns of a case that is likely to be Personally Handled by the Federal Programs Branch (i.e., cases that involve serious or novel constitutional or statutory challenges to federal programs, cases challenging a nationwide program, with potentially far-reaching implications, cases in which either the client agency or the USAO has requested assistance, or cases that for whatever additional reason justify the use of resources of the Civil Division from Washington, D.C.), or that raises issues that the Federal Programs Branch has otherwise asked USAOs to inform the Branch about, USAOs should send a copy of the complaint to an appropriate point of contact in the Branch

s, cases in which either the client agency or the USAO has requested assistance, or cases that for whatever additional reason justify the use of resources of the Civil Division from Washington, D.C.), or that raises issues that the Federal Programs Branch has otherwise asked USAOs to inform the Branch about, USAOs should send a copy of the complaint to an appropriate point of contact in the Branch.

See

Expertise in the Civil Division.   Upon receiving notification of cases from the USAOs or otherwise, the Federal Programs Branch will promptly inform districts as to the type of handling the case will receive.   It is the responsibility of the USAO to request a litigation report from the client agency for any monitored or delegated case.

[updated April 2018]