Chapter 1 – General Administration

14010.4 Types of Litigation

• Litigation may involve criminal charges against a party or it may be seeking to correct some civil wrong.

• Generally, the Department and/or its employees become involved in judicial proceedings for one or more of the following reasons:

  • An inmate is participating in litigation, which may or may not name the Department as a party. This may involve:

    • An active case in which the inmate is a party.

    • An active case in which the inmate is needed as a witness.

    • A recently filed case in which the inmate must be served as a party.

  • The Department and/or its employees have been named as parties in a case arising from departmental activities.

  • An employee has been named as a party in a case, which arises from the employee’s duties with the Department.

  • A party to a case requires some information in the possession of the Department or its employees, such as:

    • The testimony of an employee who observed an event (a percipient witness).

    • The testimony of an employee who has some expertise in a particular field but no direct knowledge of the event which is the subject of the case (an expert witness).

    • A record in possession of the Department or an employee.

• Anytime the Department becomes involved in legal proceedings, the AGAttorney General’s Office acts as the attorney for the Department and/or its employees and represents the Department and its employees in court except when:

  • The AGAttorney General’s Office authorizes the Department to hire outside counsel.

  • The AGAttorney General’s Office asks a DA to represent the Department in a particular matter.

  • The action is filed in small claims court as discussed in the DOMDepartment Operations Manual 14010.8.