Kim Millbrook was about four years into a 31-year sentence at the Lewisburg Federal Penitentiary in Pennsylvania when he says he was assaulted by three guards. On March 5, 2010, Millbrook claims he was taken to a prison basement -- away from the view of video cameras -- where he was forced to perform oral sex on a Federal Bureau of Prisons (BOP) correctional officer, while another officer held him in a choke hold and a third officer stood watch nearby.
Millbrook, a career criminal from Illinois in his mid-40s, was doing time for drug, firearms, witness tampering and witness retaliation charges. He claimed that the officers threatened to kill him if he did not comply with their demands and that he suffered physical injuries as a result of the assault. He tried to sue, from prison, for compensatory damages under the Federal Tort Claims Act (FTCA), but the district court threw out his case.