The Supreme Court announced on Monday that it will review whether the FBI is immune from a lawsuit brought by an Atlanta family whose home was mistakenly raided by an FBI SWAT team in 2017.
The case, Martin v. U.S., will examine whether the family can seek redress under the Federal Tort Claims Act, or FTCA. The eventual ruling, expected by the end of June or early July, could set precedent on whether homeowners can seek damages in the event of a wrongful raid.
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Today, the U.S. Supreme Court agreed to hear the case of an Atlanta family that was harmed by a mistaken FBI SWAT raid on their home.
Now, the Court will reconsider whether their suit under the Federal Torts Claims Act should be allowed to move forward.… pic.twitter.com/08cCCE7SVE
— Institute for Justice (@IJ) January 27, 2025
The family argues that Congress intended the FTCA to cover wrongful raids like this one when it amended the law in 1974 following similar incidents, according to the Institute for Justice, the group representing the family. “Now, the Court will reconsider whether their suit under the Federal Torts Claims Act should be allowed to move forward,” the X account for IJ stated.
The incident occurred during a predawn raid when agents, armed with a search warrant, mistakenly breached the family’s home, believing it to be the residence of a violent gang member. The intended target lived three houses away.
Agents smashed the front door, detonated a flashbang grenade, and held plaintiffs Curtrina Martin and her partner, Hilliard Cliatt, at gunpoint. Martin’s 7-year-old son was also present and hid under his bed during the raid. Cliatt, who was handcuffed and dragged from a closet where he kept a shotgun for protection, was released once the mistake was realized.
Within minutes, the agents left and proceeded to arrest the correct suspect. FBI agent Lawrence Guerra later returned to apologize, document the damages, and provide contact information for further follow-up. Despite these gestures, the family claimed the FBI refused to cover the costs of damages and the trauma caused by the raid, which included lost wages and therapy expenses.
The family filed a lawsuit under the FTCA, which allows citizens to sue the government for wrongful actions by federal employees. However, the 11th U.S. Circuit Court of Appeals dismissed the case, citing exceptions to the FTCA and the Constitution’s supremacy clause, which shields federal actions deemed reasonable in dangerous and rapidly evolving situations.
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A bipartisan group of seven lawmakers filed a brief supporting the family’s appeal, contending that victims of such mistakes should have a consistent legal remedy regardless of their location.
The Justice Department has urged the Supreme Court not to take the case, but the high court set an expedited briefing schedule, signaling the case will be heard this spring, with a decision expected by early summer.
