Millbrook v. United States

Millbrook v. United States, 569 U.S. 50 (2013), is a decision by the Supreme Court of the United States that holds that the Federal Tort Claims Act (FTCA) waives the sovereign immunity of the United States for certain intentional torts committed by law enforcement officers.

The unanimous opinion, delivered by Justice Clarence Thomas , holds that law enforcement "employment" duties are not limited to searches, seizures of evidence, or arrests, and, as such, the petitioner can sue. As this case revolved around sovereign immunity waivers and not the merits, the Court did not decide upon the merits of the lawsuits.

Contents

• 1 Background

• 2 Opinion of the Court

• 3 References

• 4 External links

Background

(https://en.wikipedia.org/w/index.php?title=Millbrook_v._United_States&action=edit&section=1 "Edit section: Background")

At the time of the initial lawsuit, Kim Lee Millbrook was an inmate at a federal prison in Pennsylvania. He claimed he was sexually assaulted by prison guards in March 2010.

Judge William J. Nealon of the federal district court in Scranton, Pennsylvania, dismissed the case on the basis of sovereign immunity . The federal appeals court in Philadelphia affirmed the ruling, stating that the FTCA only applied if the officer committed the assault while "executing a search, seizing evidence, or making an arrest."

Millbrook then filed a hand-written appeal, without a lawyer, to the Supreme Court. The Supreme Court agreed to hear the case and appointed Christopher J. Paolella, a former law clerk to Justice Samuel Alito , to represent Millbrook.

Opinion of the Court

(https://en.wikipedia.org/w/index.php?title=Millbrook_v._United_States&action=edit&section=2 "Edit section: Opinion of the Court")

On March 27, 2013, Justice Clarence Thomas delivered the unanimous opinion of the Court which held that people can sue the federal government under the FTCA for "acts or omissions of law enforcement officers that arise within the scope of their employment, regardless of whether the officers are engaged in investigative or law enforcement activity, or are executing a search, seizing evidence, or making an arrest."

References

(https://en.wikipedia.org/w/index.php?title=Millbrook_v._United_States&action=edit&section=3 "Edit section: References")

1. ↑ Millbrook v. United States, 569 U.S. 50 (2013).
2. Jump up to: 1 2 3 4 5 "Supreme Court Unanimously Sides With Inmate In Prison Guard Abuse Lawsuit" . International Business Times. March 29, 2013. Retrieved March 31, 2013.
3. Jump up to: 1 2 3 Liptak, Adam (October 16, 2012). "Time, Pen and Paper, and Now the Ear of the Supreme Court" . The New York Times. Retrieved August 5, 2020.
4. ↑ Russell, Kevin (February 20, 2013). "Argument preview: Examining the scope of the federal government's liability for law enforcement abuses" . SCOTUSblog. Retrieved August 5, 2020.

External links

(https://en.wikipedia.org/w/index.php?title=Millbrook_v._United_States&action=edit&section=4 "Edit section: External links")

• Text of Millbrook v. United States, 569 U.S. 50 (2013) is available from: CourtListener Google Scholar Internet Archive (docket files) Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)

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