Supreme Court revives lawsuit from Atlanta family whose home was wrongly raided by the FBI
- The U.S. Supreme Court reached a unanimous decision allowing a family from Atlanta, who experienced a wrongful FBI raid in 2017, to continue pursuing their lawsuit.
- The family filed the 2019 lawsuit after FBI agents mistakenly entered their home using a faulty GPS while searching for a nearby gang member.
- During the predawn raid, agents smashed the door, deployed a flashbang, pointed guns at the couple and their terrified 7-year-old son, then quickly apologized upon realizing the error.
- The 11th Circuit had barred the suit citing the Supremacy Clause that federal laws override state claims and that the raid was an honest mistake, but lawyers argued Congress allows such lawsuits.
- The Court's decision revives debate on federal immunity and law enforcement accountability by allowing the family’s case to move forward in the lower courts.
145 Articles
145 Articles
Unanimous SCOTUS Decision in Federal Tort Claims Act Case Involving FBI Wrong House Raid.
The Federal Tort Claims Act enables individuals to hold the FBI accountable for assault, battery, and false imprisonment during “wrong house raids.” The Martin family had been subjected to the horrors of such a raid on their home in Atlanta in 2017,...
SCOTUS allows family’s lawsuit against FBI to move forward after botched raid
A routine police raid turned into a family’s nightmare and now into a legal fight that could reshape how law enforcement is held accountable. On Thursday, June 12, the U.S. Supreme Court ruled unanimously that a family’s lawsuit against the FBI for raiding the wrong home can move forward. What is the lawsuit based on? In the early morning hours of Oct. 18, 2017, an FBI SWAT team stormed a suburban home in Atlanta. Agents believed they were ent…
Supreme Court allows family’s suit against government for “wrong house” raid to continue
The Supreme Court on Thursday cleared the way for a family’s lawsuit against the federal government to move forward. With the lawsuit, the family seeks to hold the government liable for a “wrong house” raid by FBI agents. In a unanimous opinion by Justice Neil Gorsuch, the justices held that a federal appeals court in Atlanta applied the wrong legal test in ruling for the government, and they sent the case back to the appeals court for another …
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