Term: 2012
Docket: 11-10362
Kim Millbrook, Petitioner v. United States
- Pro
11-10362 MILLBROOK V. UNITED STATES DECISION BELOW: 2012 WL 1384918 LIMITED TO THE FOLLOWING QUESTION: WHETHER 28 U.S.C §§1346(b) AND 2680(h) WAIVE THE SOVEREIGN IMMUNITY OF THE UNITED STATES FOR THE INTENTIONAL TORTS OF PRISON GUARDS WHEN THEY ARE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT BUT ARE NOT EXERCISING AUTHORITY TO “EXECUTE SEARCHES, TO SEIZE EVIDENCE, OR TO MAKE ARRESTS FOR VIOLATIONS OF FEDERAL LAW.” ORDER OF DECEMBER 3, 2012 JEFFREY S. BUCHOLTZ, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW. CERT. GRANTED 9/25/2012 QUESTION PRESENTED: 1). Whether The U.S. Court OF Appeals Erred by aFFirming summary Judgement in favor oF the deFendants On the intentional tort claim only without addressing, hearing or ruling on the negligence claim and disregarded it? 2). Should have the U.S. Court of APPeals aFFirmed in Part in Favor OF the Defendants as to the intentional claim, and reversed in Part in Favor oF the Plaintiff as to the negligence claim, and thereby ordering the lower district court to Proceed On the negligence claim? 3). Whether based on questions one and two (1) and (2), the Plaintiff was PreJudiced thereby? LOWER COURT CASE NUMBER: 12-1531
In the 2012 case of Kim Millbrook v. United States, petitioner Kim Millbrook, a federal prisoner, alleged that he was sexually assaulted by three correctional officers while incarcerated at US Penitentiary in Lewisburg, Pennsylvania. He sought to sue the government under the Federal Tort Claims Act (FTCA), which waives sovereign immunity for certain torts committed by federal employees. The lower courts dismissed his claim based on an interpretation of law enforcement proviso within FTCA that only allowed claims arising from acts or omissions of investigative or law enforcement officers in executing searches, seizing evidence or arresting individuals. However, upon appeal to the Supreme Court it unanimously held that this provision extends to all activities related to an officer’s legal duties and is not limited solely to search and seizure actions as interpreted by lower courts. Therefore it remanded back down for further proceedings allowing Mr.Millbrook's lawsuit against U.S Government.
There was no dissenting opinion in the Supreme Court case Kim Millbrook, Petitioner v. United States, 2012. The court unanimously ruled in favor of Millbrook, allowing him to pursue a lawsuit against federal prison guards for alleged abuse while he was incarcerated. The decision clarified that the Federal Tort Claims Act (FTCA) waives sovereign immunity for certain types of lawsuits against federal employees, including claims of intentional torts committed by law enforcement officers within the scope of their employment.
