Justices decide on the right to sue for SWAT raid mistake
SCOTUS NEWS
The Supreme Court is expected to decide whether a Georgia family, whose home was raided by mistake by an FBI SWAT Team, can sue the federal Government for the error. The court granted review in Martin v. United States just over six hours after issuing a list of orders following their Jan. 24, conference and three days after granting three cases from this conference. It also fast-tracked the case to oral argument, most likely during the 2024-25 period. The Federal Tort Claims Act waives this immunity, allowing private individuals to sue for the wrongful actions of federal employees. This is only possible if the private individual would be liable in the same circumstances under the state law where the acts were committed. The law makes an exception for state-law claims arising from the performance of discretionary duties or functions by government officials. In 2015, the FBI planned to execute a warrant without knocking at the home of Joseph Riley, a gang leader. The agents and SWAT team instead went to Martin’s and Cliatt’s home. Cliatt was handcuffed and members of the SWAT team pointed guns at Martin, who was only partially dressed. Members of the team handcuffed Cliatt and pointed guns at both Martin – who was only partially dressed – and him.
Eventually the agents realized that they had gone to the wrong house, apologized, and indicated that the FBI would handle repairs for the damages to the house.
Martin and Cliatt filed a lawsuit in federal court in Georgia against (as relevant here) the United States. The family brought a number of state-law claims under the FTCA, including false imprisonment, assault and battery, and negligence. Martin and Cliatt’s lawyers applauded in a written statement the decision to grant a review. Anya Bidwell, of the Institute for Justice, said that when police — including FBI agents — raid the wrong home, they should be held accountable for the damages.