EP 1130-2-550
15 Nov 96
6-13. Legal Protection.
a. Federal law provides an immunity against lawsuits for employees acting within the
scope of their employment. By virtue of this immunity, individuals who, in performing assigned
duties, cause unintentional injury/harm to others are not considered personally liable. For this
reason, lawsuits against individuals are rare. More frequent are claims filed against the US
government as the entity responsible for the actions of subordinates while on duty. Claims against
the Government are also seen as more lucrative than claims against individuals. Persons seeking a
monetary judgement usually believe that the opportunity for payment is greater if the payee is the
US Government.
b. Although lawsuits against individuals are rare, there are exceptions. An individual may
be sued personally without the benefit of government mitigation when there is proof that he/she
was:
(1) acting beyond the scope of assigned duties;
(2) intentionally causing harm to another by assault, battery, slander, etc.; or
(3) violating another person's constitutional rights by making a false arrest or illegal
search and/or a seizure of personal property.
6-14. Assault on Corps of Engineers Civilian Personnel.
a. If an assault occurs, the Corps individual should immediately attempt to remove
himself/herself from the situation. If this is impossible, the individual should act to ensure
personal safety and stop the assault, if possible. In no case, will Corps personnel go beyond the
limits of what is absolutely necessary to establish and maintain control of the situation.
b. When an assault or other crime has occurred, several actions should be simultaneously
initiated.
(1) Seek and secure medical help for the victim(s) as needed.
(2) Notify local or state law enforcement authorities immediately and request assistance
as needed. Release all evidence to law enforcement officials upon their arrival to the incident
scene.
(3) Ensure the incident scene and any evidence are not disturbed until arrival of law
enforcement authorities. Protecting the integrity of the scene may involve halting traffic or
interrupting other activities through the incident scene.
(4) Identify as thoroughly as possible all those involved in the incident as well as
witnesses. Obtain name, license plate number and description of the assailant(s) and witnesses
when possible.
(5) Notify the supervisor of the victim immediately and request assistance, if appropriate.
Victim's supervisor should promptly report the incident to the district Operations Chief who will
notify the security and law enforcement office and the district Office of Counsel.
6-8
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