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Supreme Court To Weigh In On Citizens' Ability To Sue The FBI When Agents Mistakenly Raid The Wrong House 


Trina Martin, her son Gabe Watson, and former partner Toi Cliatt are taking their case to the U.S. Supreme Court after lower courts dismissed their lawsuit against the FBI over a mistaken 2017 home raid. At 4 a.m. on October 18, agents armed with assault rifles and a battering ram stormed their Atlanta home, mistaking it for a nearby house where a suspected gang member lived. "I felt like that mission was to kill us," Martin said. Her son, then 7, was left with PTSD and depression after agents detonated a flash-bang grenade and entered his room. The family sued under the Federal Tort Claims Act (FTCA), alleging emotional distress, negligence, and assault. However, the courts ruled the FBI immune, citing the Supremacy Clause and the discretion allowed in official duties.


Justice Department lawyers argue the agents acted in good faith, even if they got the address wrong. "Judicial second-guessing is not appropriate," they stated. Yet the agents had previously photographed the suspect's home, which was 436 feet away, and used a GPS and visual cues like a black Camaro—parked at the wrong house—to execute the warrant. After realizing the mistake, FBI Special Agent Lawrence Guerra apologized and documented the damage. "It went from a drill sergeant situation to really quiet," Cliatt recalled.


The Supreme Court will now decide whether families like Martin's can sue the government for wrong-house raids. The FTCA was amended in 1974 to allow lawsuits against federal agents after similar incidents in Illinois during Nixon's drug war. "That proviso was tailor-made for cases like this one," lawmakers including Rand Paul and Nikema Williams wrote in a filing.


Though the raid lasted only minutes, its trauma persists. "That was probably the lowest part of my life," said Gabe. Martin, a military veteran, said the decision to sue came after seeing the toll it took on her son. "They shouldn't get away with this," she said. The Supreme Court is set to hear oral arguments.


Link: USA Today

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