JM 8-2.100
Under 28 C.F.R. § 0.50, the Civil Rights Division has the responsibility for the enforcement of all federal civil rights statutes, with the exception of certain criminal matters assigned to the Criminal Division. United States Attorney’s Offices are critical partners in civil rights enforcement, providing additional resources to redress civil rights violations, expertise on local circumstances in both investigations and litigation, and, in many cases, subject matter expertise in particular civil rights areas. The Assistant Attorney General for the Civil Rights Division and the United States Attorneys should cooperate in the enforcement of civil rights laws by taking complementary steps to protect fully the interests of the United States and to assure the effective investigation and successful prosecution of civil rights cases. The nature of the cooperation between the Civil Rights Division and the United States Attorney’s Offices varies according to the statute and matter involved. Thus, greater specificity on how the Civil Rights Division and United States Attorney’s Offices should work together is provided in the subsections below.
The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division’s authority to settle claims is subject to the limitations set forth in 28 C.F.R. §§ 0.160 to 0.164. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Civil Rights Division may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.
The following procedures are generally applicable to investigation and litigation in civil matters in which the Civil Rights Division has primary responsibility.
[updated March 2018]