§1054 — Title 10 Armed Forces | U.S. Code

Summary

Claims for loss or damage to property under 28 U.S.C. 1346(b) and 2672 that come from a mistake or wrong by an attorney, paralegal, or other legal staff working for the Department of Defense (including the National Guard while on duty under 32 U.S.C. 316, 502–505) or the Coast Guard, when they were giving legal help as part of their job, must be made against the United States. That is the only civil way to seek money for the same problem from the person who made the mistake (or their estate). The U.S. Attorney General must defend any lawsuit brought against those people. Anyone sued must quickly give the papers to their immediate boss or the agency’s designated person, and also send copies to the U.S. attorney for the area, the Attorney General, and the agency head. If the Attorney General certifies the person was acting within their job, the case in state court can be moved to federal court without bond and will be treated as a claim against the United States under federal law; if a federal court later finds the United States is not liable, the case goes back to state court. The Attorney General may settle claims under 28 U.S.C. 2677. The exception in 28 U.S.C. 2680(h) does not apply to claims from legal assistance. The agency head may protect or buy liability insurance for these people when they are assigned overseas or detailed to a nonfederal entity, or when third-party suits against the United States are likely to be blocked. “Head of the agency concerned” means the Secretary of Defense, the Secretary of a military department, or the Secretary of the department where the Coast Guard operates.

Title 10, §1054

Armed Forces — Source: USLM XML via OLRC

(a)The remedy against the United States provided by section 1346(b) and 2672 of title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any person who is an attorney, paralegal, or other member of a legal staff within the Department of Defense (including the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32) or within the Coast Guard, in connection with providing legal services while acting within the scope of the person’s duties or employment, is exclusive of any other civil action or proceeding by reason of the same subject matter against the person (or the estate of the person) whose act or omission gave rise to such action or proceeding.

(b)The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or the estate of such person) for any such injury. Any person against whom such a civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person (or an attested true copy thereof) to such person’s immediate superior or to whomever was designated by the head of the agency concerned to receive such papers. Such person shall promptly furnish copies of the pleading and process therein—

(1)to the United States attorney for the district embracing the place wherein the action or proceeding is brought;

(2)to the Attorney General; and

(3)to the head of the agency concerned.

(c)Upon a certification by the Attorney General that a person described in subsection (a) was acting in the scope of such person’s duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court—

(1)shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending; and

(2)shall be deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) is not available against the United States, the case shall be remanded to the State court.

(d)The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect.

(e)For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to a cause of action arising out of a negligent or wrongful act or omission in the provision of legal assistance.

(f)The head of the agency concerned may hold harmless or provide liability insurance for any person described in subsection (a) for damages for injury or loss of property caused by such person’s negligent or wrongful act or omission in the provision of authorized legal assistance while acting within the scope of such person’s duties if such person is assigned to a foreign country or detailed for service with an entity other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 1346(b) of title 28, for such damage or injury.

(g)In this section, the term “head of the agency concerned” means the Secretary of Defense, the Secretary of a military department, or the Secretary of the department in which the Coast Guard is operating, as appropriate.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–448, § 15(a)(1), inserted “or within the Coast Guard” after “of title 32)”. Subsec. (g). Pub. L. 100–448, § 15(a)(2), inserted reference to the Secretary of the department in which the Coast Guard is operating.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 Amendment Pub. L. 100–448, § 15(b), Sept. 28, 1988, 102 Stat. 1845, provided that: “The

Amendments

made by subsection (a) [amending this section] shall apply only to claims accruing on or after the date of the enactment of this Act [Sept. 28, 1988], regardless of when the alleged negligent act or omission occurred.”

Effective Date

Pub. L. 99–661, div. A, title XIII, § 1356(b), Nov. 14, 1986, 100 Stat. 3998, provided that: “Section 1054 of title 10, United States Code, as added by subsection (a), shall apply only to claims accruing on or after the date of the enactment of this Act [Nov. 14, 1986], regardless of when the alleged negligent or wrongful act or omission occurred.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1054 Defense of certain suits arising out of legal malpractice

Summary

Title 10, §1054

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Transfer of Functions

Citations & Metadata