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MILLBROOK v. U.S.

No. 11-10362.

133 S.Ct. 1441 (2013)

185 L.Ed.2d 531

Kim MILLBROOK, Petitioner v. UNITED STATES.

Supreme Court of United States.

Decided March 27, 2013.

Attorney(s) appearing for the Case

Christopher J. Paolella, New York, NY, for Petitioner.

Anthony A. Yang, Washington, DC, for Respondent supporting reversal and remand.

Jeffrey S. Bucholtz, appointed by this Court as amicus curiae, supporting the judgement below.

Christopher J. Paolella, Counsel of Record, J. David Reich, Reich & Paolella LLP, New York, NY, for Petitioner.

Donald B. Verrilli, Jr., Solicitor General, Stuart F. Delery, Principal Deputy Assistant, Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Anthony A. Yang, Assistant to the Solicitor General, Counsel of Record, Mark B. Stern, Jonathan H. Levy, Attorneys, Department of Justice, Washington, DC, for Respondent supporting reversal and remand.

Justice THOMAS delivered the opinion of the Court.

Petitioner Kim Millbrook, a prisoner in the custody of the Federal Bureau of Prisons (BOP), alleges that correctional officers sexually assaulted and verbally threatened him while he was in their custody. Millbrook filed suit in Federal District Court under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (FTCA or Act), which waives the Government...

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