U.S. Department of Justice, Civil Division, Torts Branch, Washington, D.C. Constitutional Torts Litigation (Bivens Staff) Telephone: (202) 616-4140 ■  Facsimile: (202) 616-4314

Within the Civil Division, the Constitutional Torts Staff has the responsibility of overseeing the provision of Department of Justice representation for federal officials at all levels of Government nationwide.

In the landmark decision of Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the U.S. Supreme Court announced that federal officials can be sued personally for money damages for the alleged violation of constitutional rights stemming from official acts.  Federal officials can also be subjected to claims against them in their individual capacity for official acts based upon state common law, statutory provisions and even professional licensing matters.

In accordance with Department of Justice guidelines published at 28 C.F.R. §§ 50.15 and 50.16, Constitutional Tort attorneys are the principal point of contact for issues relating to the representation of federal officials in their individual capacity, and directly provide or monitor representation of federal officials in cases in which they are sued personally.  This offers our attorneys a unique and challenging experience in public service.  It is one of the few positions in which a government attorney's clients include federal employees at all levels of Government with whom the attorney has a individual attorney-client relationship.  Constitutional Tort attorneys also represent the United States and its agencies in suits in which both the Government and individual federal officials are named as defendants.

The legal issues at stake in each case vary greatly but ordinarily are very complex and often involve cutting-edge questions of constitutional law.  Constitutional Tort attorneys represent federal officials, government agencies and the United States in the U.S. District Courts nationwide, with an emphasis on a motion practice asserting official immunity and aimed at avoiding unnecessary discovery and the burdens and distractions on federal officials normally associated with taking a case against them to trial.

The legal issues that arise from constitutional tort litigation and representing federal officials in their individual capacity offer our attorneys a wide array of practice areas, most of which are unique to the mission of our office.  Some of the more common legal and practice issues we address include:  Absolute Immunity, Appellate Issues in Bivens Litigation, Anti-Terrorism Related Claims (defensive), Bar Disciplinary Matters and Sanctions (defensive), The Civil Rights Act, Classified and Other Governmental Privileges, Constitutional Causes of Action, Critical Incident Emergency Representation for Federal Law Enforcement Officials, "Improper Motive" Constitutional Tort Cases, Immigration-Related Litigation (Bivens issues), Law Enforcement (Bivens issues), Medicare Contractors (Representation by Department Attorneys), National Security Cases (defensive), Personal and Jurisdictional Defenses,  Prison Litigation Reform Act (Bivens issues), Qualified Immunity, Removal to Federal Court, Religious Freedom Restoration Act (Bivens issues), Representation Conflicts and Problems, State Criminal Matters (defensive), Statutory Causes of Action, Supremacy Clause, Title VII Employment Discrimination Cases (Representation Issues), and Westfall Act Litigation (addressing common law torts brought against federal employees for official acts).

Constitutional Tort attorneys represent clients from a wide variety of agencies and subject matters.  For example, cases involve clients employed by the Federal Bureau of Investigation, the Department of Homeland Security and the Federal Bureau of Prisons against claims alleging religious bias in anti-terrorism operations undertaken after the September 11 attacks, civil suits brought against Department of Defense and military personnel by detainees at Guantanamo Bay, and other high profile matters.  Attorneys also defend personal-liability claims challenging policy decisions made by high ranking government officials in areas as diverse as the conduct of foreign policy, the operation of the space program and the enforcement of arms embargos.

For more information about our case work, GO TO Highlights from a Sampling of Cases Litigated by the Constitutional Torts Staff

Employment and Internship Opportunities

Attorneys and students join our office at all stages of their careers for a range of personal and professional reasons.  Whether you are a student, a recent graduate, a judicial law clerk, or a seasoned litigator, there are opportunities for you on the Constitutional Torts Staff.

Attorneys may join our office directly after law school or a judicial clerkship only through the Attorney General’s Honors Program.  After at least two years of practice, a limited number of attorneys may be hired periodically through the experienced attorney hiring program - however, we normally only solicit applications to fill our limited experienced attorney positions when vacancies are announced and advertised.  Law students may be hired for internships, either paid or volunteer.  College students may also apply for a limited number of volunteer internships.  All offers are contingent upon the applicant successfully passing a background investigation.

• For entry-level attorney positions, students and judicial law clerks may apply through the Attorney General’s Honors Program.  http://www.usdoj.gov/oarm/arm/hp/hp.htm

• Experienced attorneys may check for vacancies at: http://www.usdoj.gov/oarm/attvacancies.html

• For paid summer law intern positions, students may apply through the Summer Law Intern Program.  http://www.usdoj.gov/oarm/arm/sp/sp.htm

• We take one or two law school and college students per summer as volunteer interns, and one or two during the academic year.  Potential volunteers may apply through the Civil Division: http://www.usdoj.gov/oarm/arm/int/legalinternjq.htm

To learn more about what it is like working at the Department of Justice generally, visit "The DOJ Experience" at https://www.avuedigitalservices.com/ads/jobsatdojoarm/index.jsp#

The U.S. Department of Justice (DOJ) is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of color, race, regional, national origin, politics, marital status, disability, age, sex, sexual orientation or on the basis of personal favoritism.  DOJ welcomes and encourages applications from persons with physical and mental disabilities and will reasonably accommodate the needs of those persons.  DOJ is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit.

General Information

Our office is located in downtown Washington, D.C., near the Metro Center and McPherson Square Metro stops.  The office is physically location at 1425 New York Ave., N.W., on the 8th Floor, in Suite 8100 (on the New York Avenue side of the building).  There is a locker room with showers and a Justice Federal Credit Union ATM located inside the building.  Gym memberships are available for purchase.  There are also many nice places to eat or shop nearby.  Office attire is business casual.  We currently have 21 lawyers and 8 support staff personnel.  It is a close-knit group, affording opportunities for lasting friendships, strong professional ties and mentoring opportunities.

Civil/Torts/ConTorts/Bivens/CSD: July 2008

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