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Trial Attorney (Bivens)

Department of Justice
Offices, Boards and Divisions
Civil Division, Torts Branch, Constitutional and Specialized Torts Litigation

Summary

Constitutional Torts (Bivens) seeks attorneys to defend the United States, Executive Office of the President, and agencies in cases challenging the legality of policies and actions brought in federal district courts. The branch's work touches on many areas of government. Well-qualified candidates may be eligible for a signing bonus of up to $25,000.

Overview

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Accepting applications
Open & closing dates
05/13/2026 to 07/10/2026
Salary
$85,447 - $197,200 per year

Unless you have prior federal experience, you will likely be appointed at step 1 of the applicable pay scale.

Pay scale & grade
GS 11 - 15
Location
Many vacancies in the following location:
Washington, DC
Remote job
No
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Not required
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
15
Job family (Series)
Supervisory status
No
Security clearance
Secret
Drug test
Yes
Financial disclosure
Yes
Bargaining unit status
No
Announcement number
AT-12961521-26-SW
Control number
869172000

This job is open to

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Clarification from the agency

United States Citizens

Duties

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As an Constitutional Torts/Bivens Section Trial Attorney you would:

  • Aid preparation for and conduct of hearings, settlement negotiations, and trials of cases. Prepares memoranda such as pleadings, motions, briefs, and other documents on the basis of factual and legal research.
  • Review and analyze facts and assists development of evidence during the preparation of cases.
  • Receive instruction from the Assistant Director, Deputy Director, and Director as to the policy of the Department in related litigation. Applies the applicable legal principles to a given statement of facts; examines witnesses; consults with more senior attorneys in planning trial strategy for their cases.
  • Work with opposing counsel in the formulation of settlements in consultation with more senior attorneys in the office.
  • Discuss legal and policy questions related to statutes administered by the Section with more senior attorneys.
  • Report on the status of cases and matters related to legal issues within the assigned area of litigation with the Assistant Director, Deputy Director, and Director, as appropriate.
  • Work to establish personal contacts; works closely with officials and employees of the Division on litigation and policy-related matters.
  • May assist with responses to inquiries from the White House, Congress, federal departments and agencies, state and local authorities, and private individuals on matters within the scope of assigned statutory responsibilities.
  • As requested, performs special legal and administrative projects requiring legal experience and sound judgment.
This is not a remote location position. You will be required to work in person five days a week.

Requirements

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Conditions of employment

  • Must be a U.S. Citizen or National.
  • Must complete a Background Investigation to include drug testing.
  • All male applicants born after 12/31/1959 must have registered for the selective service. If selected, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
  • May be required to obtain and maintain a Top Secret security clearance with eligibility for Sensitive Compartmented Information (SCI) access depending on organizational assignment / duty location.
  • It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.
  • Financial Disclosure: If selected, you will be required to disclose financial information in accordance with DOJ and Federal ethics guidelines.
  • May require completion of a 2-year trial period. (Please refer to the trial period statement under Qualifications.)

Qualifications

Interested applicants must possess a J.D., or equivalent, degree, be duly licensed and authorized to practice as an attorney under the laws of any State, territory of the United States, or the District of Columbia, and be an active member of the bar in good standing.

Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.

  • To qualify at the GS-11 grade level, applicants must have up to one (1) year of legal experience.
  • To qualify at the GS-12 grade level, applicants must have minimum (1) or more years post-J.D. legal experience
  • To qualify at the GS-13 grade level, applicants must possess at least one and one-half (1.5) years of post-J.D. legal experience.
  • To qualify at the GS-14 grade level, applicants must possess at least two and one-half (2.5) years of post-J.D. legal experience.
  • To qualify at the GS-15 grade level, applicants must possess at least four (4) years of post-J.D. legal experience.
Qualifications must be met by the closing date of the vacancy announcement.

Preferred qualifications: Applicants should be outstanding writers, have strong interpersonal skills, exhibit good judgment, and have an interest in litigation. Experience with federal court motions practice is preferred. The ideal candidate would be interested in developing expertise in all and have experience in at least one of the following areas: dealing with individual clients; asserting personal defenses by way of a dispositive motion; handling discovery; or preparing cases for trial. Applicants should enjoy working independently and as part of a team, feel comfortable in varied federal courtroom settings, and enjoy occasional travel. Applicants must exhibit the ability to work in a supportive and professional manner with clients, staff, attorney supervisors, and Department officials.

Trial Period Statement:As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
  • your performance and conduct;
  • the needs and interests of the agency;
  • whether your continued employment would advance organizational goals of the agency or the Government; and
  • whether your continued employment would advance the efficiency of the Federal service.
Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

Education

All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov.

OR

Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www.ed.gov/about/initiatives/international-affairs/recognition-of-foreign-qualifications

All documentation must be in English or include an English translation.

Additional information

The Division plans to onboard new attorneys by September 6, 2026, with recruitment incentives contingent upon the availability of funding. Because the onboarding process can be lengthy and funding is limited, applicants are strongly encouraged to submit their completed application as soon as possible for consideration.

Applicants approved for a signing bonus must sign a service agreement prior to onboarding, committing to a service period of two years or longer, depending on the candidate's experience.

Applicants who are currently employed by the federal government are not eligible for a recruitment incentive.


Veteran Preference:
If you are entitled to or claim veterans' preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: http://www.opm.gov/policy-data-oversight/veterans-services/vet-guide/.

There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veterans' Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdffor a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s).

DOJ EEO Statement/Policy: U.S. Department of Justice Equal Employment Opportunity Policy Issued December 31, 2025

Reasonable Accommodation Statement: Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to resume@benderconsult.com, and reference "Federal Career Opportunities" in the subject line. Additional information is found at: www.benderconsult.com.

Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalffrom inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

The initial cut-off date for referral of eligible applicants will be on or about May 28, 2026. Additional referral lists will be issued every two weeks thereafter during the open period of this announcement. This announcement may close at any time once all selections have been made. Applicants are encouraged to apply early to ensure full consideration. Applications will be evaluated by a reviewing panel.

Please Note: The Selecting Official may select additional candidates if more positions become available within 120 days after the closing date of the vacancy.

Offices, Boards and Divisions

Are you interested in a rewarding and challenging career? Join the U.S. Department of Justice! Join us in serving the United States with honor and integrity!!

This position offers a unique and challenging experience in public service. It is one of the few positions in which a government attorney's clients include individuals with whom the attorney has a personal attorney-client relationship. The majority of cases involve claims for damages against individual federal employees who are personally sued for alleged constitutional violations under the authority of Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), but attorneys are responsible for all manner of cases involving individual liability.

Constitutional Tort attorneys typically handle cases involving complex legal issues and often litigate cutting-edge questions of constitutional law. Attorneys also play a vital role in the administrative processing of requests for representation from federal employees nationwide and provide guidance to U.S. Attorneys' Offices on the immunities and individual defenses that are available to federal officials sued personally for job-related acts. The office represents federal employees in the U.S. District Courts nationwide, with a practice which emphasizes dispositive motions; however, our attorneys are also involved in discovery and taking cases to trial.

Agency contact information

Senobia West
Phone
(202) 616-1852
Email
senobia.west@usdoj.gov
Address
Civil Division
1100 L Street, NW
Washington, DC 20530
US

Visit our careers page

Learn more about what it's like to work at Offices, Boards and Divisions, what the agency does, and about the types of careers this agency offers.

https://www.justice.gov/civil/constitutional-specialized-tort-litigation-section

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