"Big Sandy" in U. S. Supreme Court news.
The federal prison in Inez, KY, known as Big Sandy, made news today in an opinion released by our nation's highest court.
The case, Ali v. Federal Bureau of Prisons, 06-9130, 552 U. S. __, (2008), involved the interpretation of the Federal Tort Claims Act, 28 U.S.C section 171, particularly whether a Muslim inmate can sue the government over the disappearance of the prisoner's personal property, such as copies of the Qu-ran and a prayer rug.
In a 5-4 ruling, the court ruled that the federal law prohibits lawsuits against federal corrections officers.
Justice Clarence Thomas, writing for a majority, consisting of an unusual alliance of the court's conservative Justices,Chief Justice John Roberts and Justices Samuel Alito, and Antonin Scalia, and Liberal Justice, Ruth Bader Ginsburg, found that the law "forecloses lawsuits against the United States for the unlawful detention of property by 'any,' not just 'some,' law enforcement officers".
The dissenters, consisting of the court's other Liberals, Justices Stephen Breyer, Anthony Kennedy, David Souter and John Paul Stevens, found "[t]he seizure of property by an officer raises serious concerns for the liberty of our people and the act should not be read to permit appropriation of property without a remedy."
It appears that Congress will have to change the law, if it disagrees with the Court's ruling. Until then, law enforcement officers, including correction officers, have immunity from lawsuits, such as Ali brought in this case.
The case, Ali v. Federal Bureau of Prisons, 06-9130, 552 U. S. __, (2008), involved the interpretation of the Federal Tort Claims Act, 28 U.S.C section 171, particularly whether a Muslim inmate can sue the government over the disappearance of the prisoner's personal property, such as copies of the Qu-ran and a prayer rug.
In a 5-4 ruling, the court ruled that the federal law prohibits lawsuits against federal corrections officers.
Justice Clarence Thomas, writing for a majority, consisting of an unusual alliance of the court's conservative Justices,Chief Justice John Roberts and Justices Samuel Alito, and Antonin Scalia, and Liberal Justice, Ruth Bader Ginsburg, found that the law "forecloses lawsuits against the United States for the unlawful detention of property by 'any,' not just 'some,' law enforcement officers".
The dissenters, consisting of the court's other Liberals, Justices Stephen Breyer, Anthony Kennedy, David Souter and John Paul Stevens, found "[t]he seizure of property by an officer raises serious concerns for the liberty of our people and the act should not be read to permit appropriation of property without a remedy."
It appears that Congress will have to change the law, if it disagrees with the Court's ruling. Until then, law enforcement officers, including correction officers, have immunity from lawsuits, such as Ali brought in this case.
Labels: Justice, The Constitution, U. S. Supreme Court
posted by KYJurisDoctor at 12:15 PM
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