The U.S. Supreme Court issued a unanimous decision today in favour of a prisoner who claimed a correctional officer forced him to perform oral sex.
The case is unusual because that prisoner, Kim Millbrook, filed his petition to the Supreme Court in longhand and didn’t have a lawyer. He’d also been warned by an appeals court about filing “frivolous papers,” McClatchy Newspapers had previously reported.
Millbrook had tried to sue the federal government over his alleged rape by a corrections officer, but a federal appeals court shot his case down. That court said the Federal Tort Claims Act made the federal government immune from such claims.
But a majority of the Supreme Court said Wednesday that the FTCA waiver does not apply to “intentional torts,” and that Milbrook’s suit can go forward. This ruling doesn’t mean that he wins this case — just that he’s free to sue the federal government.
The case could be huge for prisoners and guards alike, McClatchy pointed out after the Supreme Court granted Millbrook’s petition.
Justice Clarence Thomas wrote the majority.
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