Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!
In a decision in the case, Mercedes v. Holder, the judge stated that the plaintiff “served the officers and employees of the United States who are named defendants in this action, including the Attorney General.” Taking a look at that affidavit of service, service was addressed to “Eric Holder, Attorney General, U.S. Dept. of Justice, 950 Pennsylvania Ave., NW, Washington, D.C. 20530.”
Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.”. So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1). Rule 4 (i) (1) has two steps to effect service (provided ...
The instructions are contained at Rule 4 (i) of the Federal Rules of Civil Procedure (“FRCP”). Let’s take an example and that one of the defendants is the Secretary of the Department of Housing and Urban Development (“HUD”). Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy ...
Send a copy of the summons and complaint by registered or certified mail to the U.S. Attorney General at Washington, D.C. While the address for the U.S. Attorney General is usually stated as 950 Pennsylvania Ave., NW, Washington , D.C . 20530, I would literally just write on the label “U.S. Attorney General, Washington, DC 20530.”
Rule 4 (i) (1) (B), according to Judge Easterbrook of the Seventh Circuit Court of Appeals, ” is designed to help the Department of Justice monitor its field offices and maintain a central register of litigation.” Tuke v. United States, 76 F.3d 155, 157 (1996).
The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77 (j). United States Attorneys have no authority to accept service on behalf of the Attorney General.