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.