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Appeals court says Atlanta family cannot take the government to trial for a mistaken FBI raid
The panel said the United States is immune, but it revived constitutional claims against the agent who led the raid.
- On Wednesday, an 11th Circuit Court panel ruled an Atlanta family cannot sue the United States for a 2017 mistaken FBI raid, but they may proceed with claims against SWAT team leader Agent Lawrence Guerra.
- Nearly nine years ago, FBI agents mistakenly stormed the home of Curtrina Martin and Hilliard Toi Cliatt, holding the family at gunpoint after a GPS error led the team to the wrong address in suburban Atlanta.
- Judges wrote that Agent Guerra's conduct was "simply not consistent with a reasonable effort to ascertain and identify the place intended to be searched," noting he failed to upload required site survey photographs to the evidence system.
- While the panel allowed the lawsuit against the agent to move forward, it ruled the United States remains protected by sovereign immunity, finding none of the 13 exceptions to the Federal Tort Claims Act applied.
- Attorney Patrick Jaicomo with the Institute for Justice plans to seek further review from the full Circuit Court, aiming to overturn the sovereign immunity ruling and potentially allow his clients to sue the government directly.
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Whew! Appeals Court Says Atlanta Family Cannot Sue The Government For A Mistaken FBI Raid
An Atlanta family cannot take the federal government to trial for a mistaken FBI raid on their home in 2017, but they can seek to hold the agent who led the SWAT team liable, a federal appeals court ruled Wednesday.RELATED: Chris Brown’s Former Housekeeper Reportedly Agrees To Less Money Amid Multi-Million-Dollar Settlement From Dog Attack LawsuitFBI [...]
Associated Press News+14 Reposted by 14 other sources
Appeals court says Atlanta family cannot take the government to trial for a mistaken FBI raid
A federal appeals court has ruled that an Atlanta family cannot take the federal government to trial for a mistaken FBI raid on their home in 2017.
·New York, United States
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Coverage Details
Total News Sources19
Leaning Left10Leaning Right1Center7Last UpdatedBias Distribution56% Left
Bias Distribution
- 56% of the sources lean Left
56% Left
L 56%
C 39%
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