Millbrook filed a handwritten petition, in pencil no less, to the U.S. Supreme Court.

And in a rare show of magnanimity, the Court agreed to hear his case and assigned an Attorney acting as a lawyer to represent him. 

Curiously enough, after the Court announced it could hear the case, the U.S. Justice Department—which had defended the government’s actions at every level of the judicial proceedings, including asking the Supreme Court not to take the case—did an about-face and switched its position to argue that the FTCA does apply to prison guards as law-enforcement officials..

MILLBROOK v. UNITED STATES, 477 Fed. Appx. 4, reversed and remanded.

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