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Civil Division

 

The Civil Division represents the United States in all civil litigation involving the federal government in the District of Nebraska. Currently, there are five attorneys who handle the civil caseload for the District of Nebraska. AUSA Tim Hook serves as Chief, Civil Division.

The Civil Division defends the interests of the United States in cases where federal agencies are sued for alleged conduct by their officers or employees. These defensive matters include actions seeking monetary damages for personal injury, medical malpractice, employment discrimination, prison litigation, immigration, judicial review of agency decisions including review of Social Security disability cases, and actions for injunctive relief, which challenge a federal agency's compliance with federal law or the Constitution.

In addition to its defensive role, the Civil Division brings affirmative litigation on behalf of the United States. These cases seek monetary reimbursement, penalties, and damages pursuant to a variety of environmental statutes and pursuant to the False Claims Act, where persons or entities have made false claims to a federal agency. An example of false claim case would include false statements made to Medicare or Medicaid by health care organizations. Other affirmative litigation includes mortgage foreclosures on behalf of the Departments of Agriculture, Veterans Affairs, and Housing and Urban Development, negligence actions, land condemnation, affirmative environmental cases, and litigation conducted under the Fair Housing Act and the Americans With Disabilities Act (ADA).

As part of its role in affirmative litigation, the Financial Litigation Unit of the Civil Division diligently pursues debts owed to the United States in the form of defaulted student loans, criminal fines and restitution owed after sentencing, and unpaid judgments in favor of the United States. Affirmative civil enforcement produces funds which can equal or exceed the yearly cost of administering the United States Attorney's office.

The Civil Division also processes requests for information under the Freedom of Information Act, represents the federal government in commercial litigation cases such as bankruptcy and foreclosure matters involving the United States as a creditor or lien holder, secures forfeiture of property used in criminal activities, and represents individual government employees when they are sued in connection with their federal employment.

Updated June 8, 2022