Supreme Court holds the USA can sued if Officers acted in "Scope" of job.

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.

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