Millbrook v. United States

[Dick Adams]

An interesting opinion from the SCOTUS.

SUPREME COURT OF THE UNITED STATES
No. 11-10362

KIM MILLBROOK, PETITIONER v. UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT
OF APPEALS FOR THE THIRD CIRCUIT

[March 27, 2013]

JUSTICE THOMAS delivered the opinion of the Court.

Petitioner Kim Millbrook, a prisoner in the custody
of the Federal Bureau of Prisons (BOP), alleges that
correctional officers sexually assaulted and verbally
threatened him while he was in their custody. Millbrook
filed suit in Federal District Court under the Federal
Tort Claims Act, 28 U. S. C. 1346(b), 2671-2680 (FTCA
or Act),which waives the Government's sovereign immunity
from tort suits, including those based on certain
intentional torts committed by federal law enforcement
officers, 2680(h). The District Court dismissed Millbrook's
action, and the Court of Appeals affirmed. The Court of
Appeals held that, while the FTCA waives the United States'
sovereign immunity for certain intentional torts by law
enforcement officers, it only does so when the tortuous
conduct occurs in the course of executing a search, seizing
evidence, or making an arrest. Petitioner contends that the
FTCA's waiver is not so limited. We agree and reverse the
judgment of the Court of Appeals.1

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1 Because no party defends the judgment, we appointed
Jeffrto brief and argue this case, as amicus curiae,
in support of the judgment below. 568 U. S. ___ (2012).
Amicus Bucholtz has ably discharged his assigned respon-
sibilities, and the Court thanks him for his well-stated
arguments.