U.S. Sup. Ct.
11-10362
The Federal Tort Claims Act (FTCA) waives the Governments 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. Petitioner Millbrook, a federal prisoner, sued the United States under the FTCA, alleging, inter alia, assault and battery by correctional officers. The District Court granted the Government summary judgment, and the Third Circuit affirmed, hewing to its precedent that the law enforcement proviso applies only to tortious conduct that occurs during the course of executing a search, seizing evidence, or making an arrest.
