Wednesday, March 27, 2013

Today, Supreme Court OKed suit of male inmate raped by a Lewisburg, PA prison guard

Lost in the pro/anti-gay marriage circus at the Supreme Court was the court's favorable decision today on a hand-written petition by Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, Pa., who had accused guards of sexually assaulting him in May 2010.

The Federal Torts Claim Act waives the United States' immunity against lawsuits for civil wrongs intentionally caused by federal representatives, including federal law enforcement officers. But the 3rd U.S. Circuit Court of Appeals said immunity is only waived when the law enforcement officer is executing a search, seizing evidence or making an arrest.
     Clarence Thomas, writing for a unanimous court, said those terms describe what federal law enforcement officers can do, not what they can be sued for. Millbrook's action can now proceed.
     It's bad enough that nonviolent offenders have to worry about inmate predators (as the Australian video below documents) without them having to cope with the specter of guards doing the same thing.

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