Agenda - 01-23-2007-6c - Laserfiche WebLink

Browse Search

13 X. LIABILITY AND RESPONSIBILITY MCSO will bear its own costs and be responsible for any liability created as a result of any act or action of its personnel, or damage to its property or resources, which occur outside the scope of this agreement. Participating MCSO Personnel shall not be treated as federal employees except for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, and worker's compensation claims, 5 U.S.C. § 8101 et seq. when performing a function as authorized by this MOU. 8 U.S.C. § 1357(g)(7). Participating MCSO Personnel will have the same immunities and defenses as do ICE officers from personal liability from tort suits based on actions conducted in compliance with this MOU. 8 U.S.C. § 1357(8)(8). ICE will not be responsible for any intentional misconduct on the part of any Participating MCSO Personnel. Participating MCSO Personnel who are named as defendants in litigation arising from activities carried out under this MOU may request representation by the U. S. Department of Justice. Such requests must be made in writing directed to the Attorney General of the United States, and be presented to the Office of the Chief Counsel, at 77 Forsythe Street, Room 385, Atlanta, Georgia, 30303. Any request for representation must be clearly marked on each written communication that the information is "Subject to Attorney-Client Privilege." The Chief Counsel will forward the individual's request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit to the ICE Office of the Principal Legal Advisor, which will forward the request, the factual memorandum, and a statement of the views of ICE with respect to whether such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Torts Staff of the Civil Division of the Department of Justice. MCSO agrees to cooperate with any federal investigation related to this MOU to the full extent of its available powers. It is understood that information provided by any MCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Garrity v. New Jersey, 385 U.S. 493. 87 S.Ct. 616, 17 L.Ed.2d 526 (1967). The Supreme Court's decision in Giglio v. United States, 405 U.S. 150. 92 S.Ct. 763. 31 L.Ed.2d 104 (1972), relates to disclosure of potential impeachment information about potential witnesses or affiants in a criminal case or investigation. See also United States v. Henthorn, 931 F. 2d 29 (9th Cir. 1991). As the activities of Participating MCSO Personnel under this MOU are undertaken under federal authority, to the extent Participating MCSO Personnel are performing services hereunder, unless specifically provided otherwise herein, Participating MCSO Personnel will comply with federal standards and guidelines relating to such cases or any subsequent cases that establish federal standards adopted by ICE and provided to MCSO. XI. CIVIL RIGHTS STANDARDS AND PROVISION OF INTERPRETATION SERVICES Pursuant to this MOU, Participating MCSO Personnel will perform certain federal immigration enforcement functions. While doing so, unless specifically provided otherwise herein, Participating MCSO Personnel are bound by all federal civil rights statutes and regulations, as - r?: 1