Service on Government Officers in Official Capacity, Agencies
Service upon an officer, sued in his/her official capacity,
upon an agency or corporation of the United States is accomplished
serving the United States (see USAM 4-2.310), and by sending a copy
the summons and of the complaint by registered or certified mail to
officer, agency, or corporation. See Fed. R. Civ. P. 4(i)(2); 28
§ 1391(e)(3). In addition, 28 U.S.C. § 1391(e)(3) permits
service of an officer or agency by certified mail beyond the
limits of the jurisdiction in which the action is brought,
notwithstanding Fed. R. Civ. P. 4(k), if the official is suable in
District of Columbia. Natural Resources Defense Council, Inc. v.
Tennessee Val. Authority, 459 F.2d 255 (2d Cir. 1972); Rimar v.
374 F. Supp. 1179 (E.D. Mich. 1974). The suit must also be against
employee in his/her official rather than individual capacity. See
Stafford v. Briggs, 444 U.S. 527 (1980); Relf v. Gasch, 511 F.2d
808 n.18 (D.C. Cir. 1975). The court lacks jurisdiction if the
does not serve the officer, the USA, and the Attorney General. See
v. McNamara, 395 F.2d 896 (10th Cir. 1968), cert. denied, 394 U.S.
(1969). The provisions of the rule as to service are mandatory.
v. Cannon, 357 F.2d 557 (8th Cir. 1966). See USAM 4-5.413, infra,
service on government officials in individual capacity.
[cited in USAM 4-2.300]