James Madison, who introduced the Bill of Rights into Congress, later said: "The press has been the beneficent source to which the United States owes much of the light which conducted us to the ranks of a free and independent nation" (my book, "The War on the Bill of Rights and the Gathering Resistance," Seven Stories Press, 2004).
But now, with the continuous, instantly accessible flood of information on the web, in print, on blogs, in social media, et al, crucial developments concerning our most basic personal rights and liberties are often covered minutely, if at all.
For example, how many of you are aware of the unanimous March 27 Supreme Court decision in Millbrook v. United States, written by Justice Clarence Thomas? It got lost in the enormous, sustained media coverage of the same-sex marriage arguments that were made before the court that week.
The court's judgment in Millbrook could start to end the immunity of many law enforcement officials who permit the violations of citizens' constitutional rights. These violations may include assault and other harsh treatment of people in the custody of government enforcement agents, such as prison guards.
Herewith are the brutal facts of Kim Lee Millbrook's case as retold by John W. Whitehead, who directs the Charlottesville, Va.-based Rutherford Institute. Whitehead submitted an amicus brief supporting Millbrook before the Supreme Court. (If President Madison were still with us, Whitehead would be receiving the Medal of Freedom.)
Whitehead notes that while Millbrook was "serving a 31-year sentence, reportedly for drug and gun-related charges along with witness intimidation," he was "transferred to a high-security federal prison in Lewisburg, Pa." ("Millbrook v. U.S.: Holding the Government Accountable for Misconduct by Law Enforcement Officials," John W. Whitehead, rutherford.org, April 1)
A few days after his arrival to Lewisburg, Millbrook got into a fight with his cellmate, and they were both put in "a shower area.
"Then, according to Millbrook, three prison guards escorted him to the basement holding-cell area, where one guard choked him until he almost lost consciousness and a second guard made Millbrook perform oral sex on him, while a third guard stood watch by the door. Conveniently, no video cameras were monitoring the basement at the time of the alleged assault."
Whitehead continues: "A non-lawyer relatively well-versed in navigating the legal system, Millbrook turned to the courts for relief in January 2011, suing the federal government for $1.5 million in damages for negligence, assault and battery and requesting a transfer out of the Lewisburg facility."
When his case came to federal district court and the 3rd Circuit Court of Appeals, it was decidedly not received sympathetically. The courts decided that the prison guards could not -- as Millbrook claimed -- "be held liable under a provision of the Federal Torts Claim Act (FTCA), which allows individuals to sue federal law enforcement officials for misconduct."
Here we come to the core of this case and why the Supreme Court's unanimous decision for Millbrook should have been at the top of the news media around the country. Whitehead cites WNYC reporter Ailsa Chang, who explains why the Supreme Court stood up for Millbrook as an American citizen:
"Under the law, the government allows itself to be sued when a government representative commits a tort. A tort is an act done negligently or intentionally that results in injury to someone.