Sunday, April 21, 2013

Supreme Court decides Milbrook v. US, recognizing cause of action against the federal government

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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