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B-139703 1 (1980-05-28)

handle is hein.gao/gaobadihe0001 and id is 1 raw text is: 



                    0 ~   ~.THE   COMPTROLLER GENERAL,
DECISIOI0N.                  OF   THE ULIlTED STATES
                             WASH   INGTN, D. C 20548




Fj:B-139703                        OATE:  May 28, 1980

  A   ER  O  .imbursement   of Attorney Fees
              Assessed Against[Individual Employeesj


DIGEST:


Federal Bureau of Lnvestigatin  FBI)  Ants
and paid FBI informant may be reimbursed from
FBI salaries and expenses appropriation for
payment of attorneys fees assessed against
them in their individual capacities in a
civil action, providing it is administratively
determined that the employees' obligation was
incurred in the accomplishment of the official
business for which the appropriation was made.


     The Assistant Attorney General, Civil Division, Department
of Justice, has requested our opinion on whether Government
funds may be used to pay attorney fees assessed against three
Federal Bureau of Investigation (FBI) agents and an FBI informant
(Federal defendants) in their individual capacities in a suit
for damages.  We hold that Government funds may be used to reim-
burse the employees for attorneys fees assessed against them,
subject to the qualifications discussed below.

     The agents and the informant are defendants in the case
of Hampton v. Hanrahan (Civil Action No. 70-C-13.84, N.D. Ill.),
an action for money damages brought against them and against.
State law enforcement officers arising from a raid on an apart-
ment occupied by members of the Black Panther Party. The De-
partment of Justice (DOJ) has been providing legal representa-
tion to the Federal defendants based on its determination that
the suit arose out of actions within the scope of their employ-
ment.

     The raid occurred on the morning of December 4, 1969, when
police officers of the Special Prosecution Unit of the
State's Attorney's Office, Cook County, Illinois, entered a
Chicago apartment occupied by Party members. The officers were
acting pursuant to a warrant issued by the Cook County Circuit
Court, authorizing them to search for and seize illegal weapons.


   67   0 51I


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