Millbrook v. United States

Millbrook v. United States
Argued February 19, 2013
Decided March 27, 2013
Full case nameMillbrook v. United States
Docket no.11-10362
Citations569 U.S. 50 (more)
133 S. Ct. 1441; 185 L. Ed. 2d 531; 2013 U.S. LEXIS 2543; 81 U.S.L.W. 4223
Opinion announcementOpinion announcement
Case history
PriorSummary judgement for defendant, unreported No. 3:11-cv-00131 (M.D. Pa. February 16, 2012); affirmed, 477 F. App'x 4 (3d Cir. 2012); cert. granted, 567 U.S. 968 (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 Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinion
MajorityThomas, joined by unanimous
Laws applied
Federal Tort Claims Act (28 U.S.C. §§1346(b), 2671–2680)

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.[1][2] 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.

  1. ^ Millbrook v. United States, 569 U.S. 50 (2013).
  2. ^ "Supreme Court Unanimously Sides With Inmate In Prison Guard Abuse Lawsuit". International Business Times. March 29, 2013. Retrieved March 31, 2013.