Kim Millbrook, a prisoner at a federal penitentiary, claimed that he had been sexually assaulted by guards in that facility. Pursuant to these allegations, he filed a lawsuit against the United States in federal district court, arguing that the United States could be sued for an assault committed by law enforcement officers acting within the scope of their employment under the Federal Tort Claims Act (“FTCA”). The district court, however, held that FTCA only allows individuals to sue the United States for a law enforcement officer’s assault when the assault occurred during the course of executing a search, seizing evidence, or making an arrest. The United States Court of Appeals for the Third Circuit upheld this view. Mr. Millbrook appealed to the Supreme Court of the United States, which held that the FTCA allows for the United States to be sued for any assault committed by its law enforcement officers acting within the scope of their employment, and not just when the officers are engaged in a search, seizure, or arrest action.
BENT Busts Major Drug Operation
June 2, 2017 3:37 pm
MILTON-FREEWATER, Oregon – The Blue Mountain Enforcement Narcotics Team rolled up a major narcotics operation in northern Umatilla County. Pendleton Police Chief Stuart Roberts says the service of two search warrants Wednesday was the result of more than a year-long investigation.
Adan Nieves Torres, 43, was arrested at his home at 504 Elzora Loop. Carlos Cisneros Razo was taken into custody at his residence at 1501 N. Elizabeth Street, Space ‘F.’
It all started with a traffic stop and a consent search of a Chevrolet truck registered to Torres Family Landscaping of Lakewood, Washington.
BENT detectives chose to stop the truck even though they had search warrants in hand for two residences. Roberts says that’s because law enforcement is pulling away from dynamic entry busts, and seeking tactics to defuse what could end up being potential hostage situations.
“The sheer quantities that Mr. Torres had in his possession are huge – especially the heroin,” Roberts said.
BENT detectives uncovered substantial quantities of drugs there, including 1.5 pounds of methamphetamine, 4.3 pounds of heroin, and 5.6 pounds of cocaine. They also seized more than $26,000 in cash and two firearms. BENT found that one of those guns was stolen out of the Walla Walla area. In addition, body armor, scales and packaging materials were seized.
The search warrant for Razo’s residence turned up more than 16 grams of methamphetamine, scales, and packaging material. Also, at the time of his arrest, the suspect was allegedly carrying a loaded .32-caliber handgun concealed on his person.
Roberts says the narcotics and possible firearms charges are being referred to the Umatilla County District Attorney’s Office and the U.S. Attorney’s Office for possible prosecution.