The Daily Item, Sunbury, PA

News

March 27, 2013

Alleged incident at USP Lewisburg subject of U.S. Supreme Court decision

WASHINGTON — The Supreme Court ruled unanimously today that the federal government can be sued for abuse claims against prison guards.

The high court ruled for Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, who had accused prison guards of sexually assaulting him in May 2010. Prison officials said Millbrook's claim was unsubstantiated.

Millbrook sued the federal government for negligence, assault and battery, but the lower courts threw out his lawsuit. He appealed to the Supreme Court, writing his petition in longhand.

The court accepted his appeal and appointed him a lawyer. Justice Clarence Thomas wrote for the court today that his lawsuit can move forward.

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.

Thomas said those terms describe what federal law enforcement officers can do, not what they can be sued for.

The exception waiving immunity from lawsuits against the government "extends to acts or omissions of law enforcement officers that arise within the scope of their employment, regardless of whether the officers are engaged in investigative or law enforcement activity, or are executing a search, seizing evidence or making an arrest," Thomas said.

The case is Millbrook v. United States, 11-10362.

 

1
Text Only
News
  • Ritz-Craft Ritz-Craft to hire 60 for Mifflinburg plant

    MIFFLINBURG — Sixty jobs are coming to Mifflinburg as a Ritz-Craft production facility that went dark seven years ago amid the housing downturn will come back on line during the next few months, company officials announced Tuesday.

    July 29, 2014 1 Photo

  • Selinsgrove man dies when tractor flips in Chapman Township

    PORT TREVORTON — A 57-year-old Selinsgrove man died Tuesday evening when the farm tractor he was driving overturned and pinned him beneath it, according to Snyder County Coroner Bruce Hummel.

    July 29, 2014

  • VanKirk 'Real hero' of World War II dies

    ATLANTA, Ga. — Theodore “Dutch” VanKirk, the last surviving crew member of the Enola Gay, which dropped the first atomic bomb on Hiroshima, died Monday of natural causes in the retirement home where he lived in Georgia. He was 93.

    July 29, 2014 1 Photo

  • Mayor: Rental ban for drug dealers a success

    SUNBURY — A controversial landlord-tenant ordinance passed by the City Council in 2012 has become one of Sunbury’s “better success stories,” Mayor David Persing said Tuesday.

    July 29, 2014

  • Mom cited for allegedly leaving baby in car for 12 minutes

    LEWISBURG — A summary citation carrying a maximum fine of $127.50 was filed Tuesday against a Lewisburg woman accused of leaving her 10-month-old baby unattended for 12 minutes in a car in Union County on July 21.

    July 29, 2014

  • Line Mountain district, teachers $1.2M apart in contract talks

    MANDATA — Separate proposals from the Line Mountain School District and its teachers union are $1.2 million apart and not getting any closer, according to Benjamin L. Pratt, the district’s labor counsel at the CGA Law Firm.

    July 29, 2014

  • Road work: Expect traffic delays on Route 54 near Danville

    RIVERSIDE — Motorists in the Danville-Riverside area are advised that a 2.2-mile micro-surfacing project on Route 54 from Riverside borough to Boyd Station in Northumberland County will begin this afternoon.

    July 29, 2014

  • Blood trail leads to stabbing suspect in Montour County

    DANVILLE — Borough police followed a trail of blood along a sidewalk, up a staircase and down a hallway that led to a moaning woman who they say knifed another woman Sunday night.

    July 29, 2014

  • Spencer_Maria1.jpg Maria Spencer charged with murdering her ex-husband

    SELINSGROVE — On Monday, a little more than two years after Frank Spencer was executed outside his Columbia County home, his former wife and her father were charged in his murder and the attempted homicide of Spencer’s girlfriend.

    July 29, 2014 1 Photo

  • Opponents, supporters to discuss clean air rules

    DENVER — Hundreds of people are expected to attend public hearings this week in a handful of cities across the U.S. to tell federal regulators what they think of proposed rules to cut pollution from power plants.

    July 29, 2014

The Daily Marquee
Video
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.