About two months ago I commented on a case now before the US Supreme Court
called Milbrook v. US in which the Court was asked to consider whether a
plaintiff can recover under the
Federal Torts Claims Act for injuries caused by law enforcement officers
other than when they are executing a search,
seizing evidence or making arrests for violations of federal law. See here, here and here.
The Court decided the case about three weeks ago and you can read the opinion here. In an opinion by Justice Thomas, the Court held that the Federal Government is not immune from a claim for damages if
the assaulting government officer was acting within the scope of his/her employment even if the officer was not making
an arrest or seizing evidence at the time.
For some comments on the opinion you can go to Torts Today and to Litigation and Trial.
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