MILLBROOK v. UNITED STATES

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Case Basics
Docket No. 
11-10362
Petitioner 
Kim Millbrook
Respondent 
United States
Decided By 
Advocates
(for the petitioner (appointed by the Court))
(Assistant to the Solicitor General, Department of Justice, for the respondent in support of reversal and remand)
(for the Court-appointed amicus curiae in support of the judgment below)
Term:
Facts of the Case 

Kim Millbrook was an inmate at the United States Penitentiary, Lewisburg, Pennsylvania. Millbrook alleges that a correctional officer took him to the basement of the Special Management Unit and sexually assaulted him while other officers stood by. Millbrook filed a complaint under the Federal Tort Claims Act (FTCA) alleging sexual assault. Under 28 U.S.C. §2680(h), the United States is not liable for the intentional torts of its employees, except for certain torts committed by law enforcement officials. Pooler v. United States, 787 F.2d. 868 (1986) limited claims that arise under §2680(h) to intentional torts by a law enforcement officer while executing a search, seizing evidence, or making arrests for violations of federal law. The district court granted summary judgment in favor of the United States, holding that Millbrook’s claim was precluded by Pooler. The U.S. Court of Appeals for the Third Circuit affirmed, noting that the definition of seizure is limited to seizure of evidence.

Question 

Does 2680(h) allow claims against the United States for the intentional torts of prison guards who are not exercising authority to execute searches, to seize evidence, or to make arrests for violations of Federal law?

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MILLBROOK v. UNITED STATES . The Oyez Project at IIT Chicago-Kent College of Law. 23 April 2014. <http://www.oyez.org/cases/2010-2019/2012/2012_11_10362>.
MILLBROOK v. UNITED STATES , The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2010-2019/2012/2012_11_10362 (last visited April 23, 2014).
"MILLBROOK v. UNITED STATES ," The Oyez Project at IIT Chicago-Kent College of Law, accessed April 23, 2014, http://www.oyez.org/cases/2010-2019/2012/2012_11_10362.