Millbrook v. United States - Post-Decision SCOTUScast

SCOTUScast 4-9-13 featuring Andrew Spiropoulos

April 9, 2013

Andrew Spiropoulos

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Millbrook v. United States - Post-Decision SCOTUScast - MP3
Running Time: 00:05:21

Andrew SpiropoulosOn March 27, 2013, the Supreme Court announced its decision in Millbrook v. United States.  The question in this case was whether a proviso in the Federal Tort Claims Act that permits suits against the federal government for assaults committed by federal law enforcement officers acting within the scope of their employment applies in a case where a federal prisoner was allegedly raped by prison guards.

In an opinion delivered by Justice Thomas, the Court held unanimously that the proviso permitting suits extends to acts or omissions of law enforcement officers that arise within the scope of their employment, regardless of whether the officers are engaged in investigative or law enforcement activity, or are executing a search, seizing evidence, or making an arrest.  Because the U.S. Court of Appeals for the Third Circuit had taken a more limited view of the proviso’s scope, the Supreme Court reversed the Third Circuit’s judgment and remanded the case for further proceedings.

To discuss the case we have Andrew Spiropoulos, a Professor of Law and Director of the Center for the Study of State Constitutional Law and Government at Oklahoma City University School of Law.

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Related Links

Millbrook v. United States - Post-Argument SCOTUScast
Opinion - March 27, 2013 (PDF)
Oral Argument Transcript - February 19, 2013 (PDF)