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MILLBROOK v. UNITED STATES

Docket No.: 11-10362
Argued: February 19, 2013
Decided: March 27, 2013

Topics:

EPA, FTCA, Federal Tort Claims, Federal Tort Claims Act, OSHA, Westfall Act, immunity from suit, search and seizure, sovereign immunity

PartyNames: Kim Millbrook v. United States
Petitioner: Kim Millbrook
Respondent: United States

Court Below: United States Court of Appeals for the Third Circuit
Citation: 2012 WL 1384918
Supreme Court Docket

Kim Millbrook
v.
United States
Consideration Limited:

LIMITED TO THE FOLLOWING QUESTION: WHETHER 28 U.S.C ยงยง1346(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."

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?

MILLBROOK v. UNITED STATES
ORAL ARGUMENT

February 19, 2013

Listen to Oral Argument in MILLBROOK v. UNITED STATES
Holding: REVERSED AND REMANDED
Vote: 9-0
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