Issue:
Kim Lee Millbrook’s sued the United States under the Federal Torts Claims Act (FTCA). The Issue is whether or not Officer Pealer, Officer Edinger, and Officer Gimberling are protected under sovereign immunity of the United States, from intentional tort or wrongful act claims, when law enforcement are acting within their scope of employment. The Third Court limited the act to waive the right of sovereign immunity to instances where law enforcement are executing the seizure of evidence, an arrest for violations of federal law, and searches.
Facts:
Kim Millbrook’s was located at United States Penitentiary in Lewisburg, Pennsylvania, as a federal inmate. While being housed at USP-Lewisburg Special Management Unit (SMU), Millbrook’s alleged
