Millbrook v. United States

Millbrook v. United States

Argued February 19, 2013
Decided March 27, 2013
Full case name Millbrook v. United States
Prior history summary judgement for defendant, unreported No. 3:11-cv-00131 (M.D. Pa. February 16, 2012); affirmed, 477 Fed. Appx. 4 (3d Cir., 2012)
Holding
The Federal Tort Claims Act waives the sovereign immunity of the United States for certain intentional torts by law enforcement officers.
Court membership
Chief Justice
John G. Roberts
Case opinions
Majority Thomas, joined by unanimous
Laws applied
Federal Tort Claims Act (28 U. S. C. §§1346(b), 2671–2680)

Millbrook v. United States, 569 U.S. ___ (2013) is a decision by the Supreme Court of the United States that holds that the Federal Tort Claims Act waives the sovereign immunity of the United States for certain intentional torts committed by law enforcement officers.[1] 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.

References

  1. ↑ "Supreme Court Unanimously Sides With Inmate In Prison Guard Abuse Lawsuit". International Business Times. 29 March 2013. Retrieved 31 March 2013.
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