Millbrook v. United States | |
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Argued February 19, 2013 Decided March 27, 2013 | |
Full case name | Millbrook v. United States |
Docket no. | 11-10362 |
Citations | 569 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 announcement | Opinion announcement |
Case history | |
Prior | Summary 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 | |
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Case opinion | |
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. 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.