Legal Actions Initiated Against Personnel

Idaho
Department of
Correction

Policy
Title:
Legal Actions Initiated Against Personnel

Page:
1 of 3

Control Number:
106
Version:
2.0
Adopted:
12/01/1982

IDOC Data Sensitivity Classification - L3 Restricted
Christine Starr, Deputy Director, approved this document on 10/03/2024.
Open to the public: Yes No

Revision Summary
Revision date 10/03/2024 version 2.0: This version has been reformatted and the language
updated.
TABLE OF CONTENTS
A. Statutory Authority ............................................................................................................. 1
B. Board of Correction IDAPA Rule ........................................................................................ 1
C. Policy Statement ............................................................................................................... 2
D. Scope ................................................................................................................................ 2
E. Responsibility .................................................................................................................... 2
F. Policy ................................................................................................................................ 2
1. Responsibilities of Employee Being Sued .................................................................. 2
2. Responsibilities of the Deputy Attorney General ......................................................... 2
3. Service of Summonses, Complaints, and Subpoenas ................................................ 3
G. References ........................................................................................................................ 3

A. STATUTORY AUTHORITY
1. Idaho Code § 6-901 et. seq., Tort Claims Against Governmental Entities
2. Idaho Code § 67-1401, Duties of Attorney General
B. BOARD OF CORRECTION IDAPA RULE
IDAPA 06.01.01.106, Service of Process on Department Employees

Control Number:
106
Version:
2.0
Title:
Legal Actions Initiated Against
Personnel
Page Number:
2 of 3

Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
C. POLICY STATEMENT
1. It is the policy of the Board of Correction to provide a defense to any current or former
Department employee named as a defendant or respondent in a civil legal action stemming
from the performance of duties where it has been determined by the Office of the Idaho
Attorney General that the employee was acting within the scope and course of employment.
In such cases, these individuals will be represented by the Deputy Attorneys General
assigned to IDOC or by any other attorney properly appointed by the Attorney General for
that purpose.
2. Except where stated otherwise herein, this policy applies only to cases involving litigation
that is related to the performance of the duties of a current or former employee, not to legal
matters that are of a personal nature, such as individual family law matters, contract
disputes, automobile claims, and so forth.
D. SCOPE
This policy applies to all employees of IDOC.
E. RESPONSIBILITY
None
F. POLICY
1. Responsibilities of Employee Being Sued
a. Whenever a lawsuit is initiated against IDOC, or any personnel thereof, and an
employee is served with a summons and complaint or other legal documents related to
that case, all papers are to be forwarded immediately to the Office of the Director.
b. The papers must be referred immediately to the lead Deputy Attorney General assigned
to IDOC.
c. The employee must note upon the face of the document the time, date, and name of the
person serving the papers.
2. Responsibilities of the Deputy Attorney General
a. In cases that qualify for legal assistance by the Office of the Attorney General, the lead
Deputy Attorney General assigned to the case shall be responsible for arranging for and
monitoring the defense of all litigation against IDOC and its employees.
b. Any employee sued who is determined not to have been acting during and within the
scope of employment with IDOC, will be so advised and will not be represented by the
Office of the Attorney General.

Control Number:
106
Version:
2.0
Title:
Legal Actions Initiated Against
Personnel
Page Number:
3 of 3

Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
3. Service of Summonses, Complaints, and Subpoenas
a. Staff members approached by a resident or client wishing to serve a summons and
complaint or a subpoena must refer the individual to the Deputy Attorneys General for
the Department.
b. A resident or client must neither attempt, nor cause another resident or client acting on
his behalf to attempt, to personally serve any legal document on an employee of IDOC
or member of the Board of Correction.
c. Service on IDOC, the Board of Correction, or their employees, by a resident, client, or
by an individual qualified to provide service, e.g., a process server, must be made upon
a Deputy Attorney General assigned to IDOC and in the manner and form required by
state and federal statutes and Rules of Procedure.
d. When a staff member is contacted by a process server and asked to accept service of
legal documents for IDOC, the Board of Correction, or the Commission of Pardons and
Parole, or their employees, staff must decline to do so and must refer the process
server to the Deputy Attorneys General for IDOC to arrange for proper acceptance of
service.
e. When a staff member is contacted by a process server and asked to accept service of
legal documents at his place of work, and the documents are related to a case that is
entirely of a personal nature, e.g., divorce, child support modification, etc., the process
server must be advised to arrange for service of the documents at a time and location
other than during work hours at the employee's place of work.
G. REFERENCES
None
– End of Document –