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What are the implications of the Supreme Court's decision in Millbrook v.
United States on the liability of the federal government for intentional torts committed by law enforcement officers?
The Federal Tort Claims Act (FTCA) waives the government's sovereign immunity from tort suits, except for certain intentional torts.
The US Supreme Court's decision in Millbrook v.
United States holds that law enforcement employment duties are not limited to searches, seizures of evidence, or arrests.
The Federal Tort Claims Act excepts from its waiver certain intentional torts, as specified in 28 U.S.C.
§ 2680(h).
The Ninth Circuit Court of Appeals had previously held that the FTCA's waiver of sovereign immunity did not apply to intentional torts committed by correctional officers.
The Supreme Court's decision in Millbrook v.
United States represents a departure from its prior holdings on sovereign immunity and the scope of the FTCA.
The FTCA was enacted in 1946 to waive the government's sovereign immunity for claims arising out of torts committed by federal employees in the course of their duties.
The doctrine of sovereign immunity has been a cornerstone of United States jurisprudence since its inception.
The Supreme Court has expanded the scope of sovereign immunity in recent years, limiting the ability of plaintiffs to bring lawsuits against the government.
The FTCA provides that the government is not liable for the intentional torts of its employees, except for certain torts committed by law enforcement officials (28 U.S.C.
§ 2680(h)).
Prior to Millbrook v.
United States, the Supreme Court had consistently held that the FTCA's waiver of sovereign immunity did not apply to intentional torts.
The decision in Millbrook v.
United States marks a significant shift in the Supreme Court's approach to sovereign immunity and the scope of the FTCA.
The Supreme Court's decision in Millbrook v.
United States will have implications for the liability of the federal government for intentional torts committed by law enforcement officers in the future.
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