Millbrook v. United States: The Supreme Court Expands the Government's Liability for Intentional Torts of Law Enforcement Officers (PDF)
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The Supreme Court, in Millbrook v. United States, expanded governmental liability for intentional torts of law enforcement officers by decisively rejecting a long-standing interpretation of the "law enforcement proviso" in 28 U.S.C.S. § 2680(h). Judge Robert Longstreth examines the Court's rationale for this expansion and provides expert commentary on the future implications of the holding in Millbrook.
The Hon. Robert C. Longstreth is a judge on the Superior Court of California, County of San Diego. Prior to joining the bench, Judge Longstreth practiced with DLA Piper US LLP in San Diego, California, where he concentrated his work in environmental law and insurance law. Prior to joining DLA Piper, Judge Longstreth served as Trial Attorney for the Department of Justice, Torts Branch. He is a co-author of the leading treatise on the Federal Tort Claims Act, Jayson & Longstreth, Handling Federal Tort Claims (LexisNexis Matthew Bender). He received his undergraduate degree from Haverford College and his law degree from Yale.
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