Millbrook v. United States, No. 11-10362; U.S. Supreme Court; opinion by Thomas, J.; decided March 27, 2013. On certiorari to the U.S. Court of Appeals for the Third Circuit.
The Federal Tort Claims Act (FTCA) waives the government’s sovereign immunity from tort suits, but excepts from that waiver certain intentional torts, 28 U.S.C. § 2680(h). Section 2680(h), in turn, contains a proviso that extends the waiver of immunity to claims for six intentional torts, including assault and battery, that are based on the "acts or omissions" of an "investigative or law enforcement officer," i.e., a federal officer "who is empowered by law to execute searches, to seize evidence, or to make arrests."