The FBI Raided This Innocent Georgia Family’s Home. The Supreme Court Just Revived Their Lawsuit.
It’s been almost eight years since an FBI SWAT team arrived at Curtrina Martin and Toi Cliatt’s home, detonated a flash grenade inside, ripped the door off, and stormed into the couple’s bedroom with guns drawn. Agents handcuffed Cliatt at gunpoint, and Martin, who had tried to barricade herself inside of her closet, says she fell on a rack amid the mayhem. But law enforcement would not find who they were looking for there, because that suspect, Joseph Riley, lived in a nearby house on a different street.
The issue is still a relevant one for Martin and Cliatt, along with Martin’s son, Gabe—who was 7 years old at the time of the raid—as the group has fought for years, unsuccessfully, for the right to sue the government over the break-in.
The Supreme Court on Thursday resurrected that lawsuit, unanimously ruling that the U.S. Court of Appeals for the 11th Circuit had settled on a faulty analysis when it barred Martin and Cliatt from suing in April 2024.
But the plaintiffs’ legal battle is still far from over. “If federal officers raid the wrong house, causing property damage and assaulting innocent occupants, may the homeowners sue the government for damages?” wrote Justice Neil Gorsuch. “The answer is not as obvious as it might be.”
The issue before the Court did not pertain to immunity for any individual law enforcement agent, whom the 11th Circuit shielded from liability in its decision last year. The justices instead considered if the lower court had erred when it also blocked the lawsuit from proceeding under the Federal Tort Claims Act (FTCA), the law that allows individuals to bring certain state-law tort claims against the federal government for damages caused by federal workers acting within the scope of their employment.
There are many exceptions to the FTCA, however, that allow the feds to evade such claims—a microcosm of the convoluted maze plaintiffs must navigate to sue the government. One of those, the intentional tort exception, dooms suits that allege intentional wrongdoing, including assault, battery, false imprisonment, and false arrest, among several others. Yet the FTCA also contains a law enforcement proviso—essentially an exception to the exception—that permits claims to get around that ca
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
