Millbrook v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-10362 | 3d Cir. | Feb 19, 2013 | Mar 27, 2013 | 9-0 | Thomas | OT 2012 |
Holding: The law enforcement proviso to the Federal Tort Claims Act applies to all the activities of law enforcement officers within the scope of their employment, not just to their investigative or law enforcement activities.
Judgment: Reversed, 9-0, in an opinion by Justice Thomas on March 27, 2013.
SCOTUSblog Coverage
- Argument recap: Trying to make the text make sense (Kevin Russell, February 20, 2013)
- Argument preview: Examining the scope of the federal governments liability for law enforcement abuses (Kevin Russell, February 15, 2013)
- The government switches position (UPDATED) (Lyle Denniston, December 3, 2012)
| Date | Proceedings and Orders |
|---|---|
| 05/10/2012 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 18, 2012) |
| 06/18/2012 | Order extending time to file response to petition to and including July 18, 2012. |
| 07/11/2012 | Order further extending time to file response to petition to and including August 17, 2012. |
| 08/17/2012 | Brief of respondent United States in opposition filed. |
| 08/30/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 09/25/2012 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Whether 28 U.S.C. Sec.1346(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. |
| 10/04/2012 | Motion to appoint counsel filed by petitioner Kim Millbrook. (Distributed) |
| 10/09/2012 | Motion to appoint counsel filed by petitioner GRANTED and it is ordered that Christopher J. Paolella, Esquire, of New York, New York, is appointed to serve as counsel for the petitioner in this case. |
| 11/06/2012 | The time to file the joint appendix and and petitioner's brief on the merits is extended to and including November 30, 2012. |
| 11/09/2012 | Letter of respondent United States filed. (Distributed) |
| 11/30/2012 | Brief of respondent United States supporting reversal and remand filed. |
| 11/30/2012 | Joint appendix filed. (Statement of costs filed) |
| 11/30/2012 | Brief of petitioner Kim Millbrook filed. |
| 11/30/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 12/03/2012 | Jeffrey S. Bucholtz, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| 12/07/2012 | The time to file the brief of Court-Appointed amicus curiae is extended to and including January 11, 2013. |
| 12/07/2012 | Brief amici curiae of Lambda Legal Defense and Education, Inc., et al. filed. |
| 12/07/2012 | Brief amicus curiae of Lewisburg Prison Project filed. |
| 12/07/2012 | Brief amicus curiae of Rutherford Institute filed. |
| 12/18/2012 | SET FOR ARGUMENT ON Tuesday, February 19, 2013. |
| 01/04/2013 | CIRCULATED. |
| 01/11/2013 | Record from U.S.C.A. for Third Circuit and U.S.D.C. for the Middle District of Pennsylvania is electronic. |
| 01/11/2013 | Brief amicus curiae of Court-Appointed amicus curiae in support of the judgment below filed. (Distributed) |
| 02/11/2013 | Motion of the Solicitor General for divided argument out-of-time filed. |
| 02/11/2013 | Reply of respondent United States filed. (Distributed) |
| 02/11/2013 | Reply of petitioner Kim Millbrook filed. (Distributed) |
| 02/15/2013 | Motion for divided argument filed by the Solicitor General out-of-time GRANTED. |
| 02/19/2013 | Argued. For petitioner: Christopher J. Paolella, New York, N. Y. (Appointed by this Court.) For respondent in support of reversal and remand: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Jeffrey S. Bucholtz, Washington, D. C. |
| 03/27/2013 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. |
| 04/29/2013 | JUDGMENT ISSUED. |
| 04/29/2013 | JUDGMENT ISSUED. |
Holding: The law enforcement proviso to the Federal Tort Claims Act applies to all the activities of law enforcement officers within the scope of their employment, not just to their investigative or law enforcement activities.
Judgment:”Reversed, 9-0, in an opinion by Justice Thomas on March 27, 2013.