# 38 CFR § 14.518: Litigation involving beneficiaries in custody of Department of Veterans Affairs employees acting in official capacity

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-14.518

## Section

- **Citation:** 38 CFR § 14.518
- **Heading:** Litigation involving beneficiaries in custody of Department of Veterans Affairs employees acting in official capacity
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 14—LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS > Litigation (Other Than Under the Federal Tort Claims Act) › Indemnification

## Text

(a) Service of process generally. An employee, at a field facility, served with a writ of habeas corpus involving a beneficiary of the Department of Veterans Affairs in the employee's custody will immediately notify the Regional Counsel of the region in addition to taking such steps as in his or her judgment are necessary for self protection.
(b) Habeas corpus writs. (1) If a Director of a Department of Veterans Affairs hospital concerned advises that, according, to current medical opinion, hospitalization is necessary for the veteran's safety or the safety of others, the Regional Counsel will vigorously oppose the writ at the trial court level. If the writ is granted, no further action will be taken unless so instructed by the General Counsel.
(2) If the medical opinion is that hospitalization is not required for the veteran's safety or the safety of others but continued treatment is clearly indicated in the veteran's interest, the Regional Counsel will assure that the court issuing the writ is so informed and will abide by the court's decision.
(3) If the medical opinion is that there is no danger of self injury to the veteran or others and the need for continued treatment is not clearly demonstrated, the Regional Counsel will advise the Director of the hospital concerned that the veteran should be released and will notify the veteran's attorney of the planned discharge. These cases will be handled informally to the extent practicable.
(4) Involuntary confinement of mentally ill patients in Department of Veterans Affairs installations is predicated upon the law of the State in which the installation is located. In the event the writ is filed in Federal Court, the Regional Counsel will cooperate with the U.S. Attorney to the end that the case is removed to the appropriate State court.
[42 FR 41411, Aug. 17, 1977, as amended at 61 FR 7216, Feb. 27, 1996]

## Nearby sections

- [38 CFR § 14.514 § 14.514 Suits by or against United States or Department of Veterans Affairs officials; indemnification of Department of Veterans Affairs employees.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.514.md)
- [38 CFR § 14.515 § 14.515 Suits involving loan guaranty matters.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.515.md)
- [38 CFR § 14.516 § 14.516 Escheat and post fund cases.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.516.md)
- [38 CFR § 14.517 § 14.517 Cases affecting the Department of Veterans Affairs generally.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.517.md)
- [38 CFR § 14.518 § 14.518 Litigation involving beneficiaries in custody of Department of Veterans Affairs employees acting in official capacity.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.518.md)
- [38 CFR § 14.560 § 14.560 Procedure where violation of penal statutes is involved including those offenses coming within the purview of the Assimilative Crime Act (18 U.S.C. 13).](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.560.md)
- [38 CFR § 14.561 § 14.561 Administrative action prior to submission.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.561.md)
- [38 CFR § 14.562 § 14.562 Collections or adjustments.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.562.md)
- [38 CFR § 14.600 § 14.600 Federal Tort Claims Act—general.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.600.md)
- [38 CFR § 14.601 § 14.601 Investigation and development.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.601.md)
- [38 CFR § 14.602 § 14.602 Requests for medical information.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.602.md)
- [38 CFR § 14.603 § 14.603 Disposition of claims.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.603.md)
- [38 CFR § 14.604 § 14.604 Filing a claim.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.604.md)
- [38 CFR § 14.605 § 14.605 Suits against Department of Veterans Affairs employees arising out of a wrongful act or omission or based upon medical care and treatment furnished in or for the Veterans Health Administration.](https://www.frixlaw.com/law-library/statutes/ecfr-38-14.605.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-14.518. Check the current official text before relying on it. Not legal advice.