Appeals Court Rules Family Cannot Sue Government Over Mistaken FBI Raid
While the government is shielded from liability, the agent who led the SWAT team may face personal accountability.
A federal appeals court has ruled that an Atlanta family cannot sue the federal government for a mistaken FBI raid on their home in 2017, but the agent who led the SWAT team may be held personally liable. The U.S. Supreme Court had previously revived the family's lawsuit last year.
FBI agents forcibly entered Trina Martin's Atlanta home before dawn on October 18, 2017, pointing guns at her and her then-boyfriend as her young son cried out from another room. Agents quickly realized they had the wrong address and departed. Martin and her then-boyfriend, Toi Cliatt, subsequently sued the government and the lead agent, citing trauma from the incident.
On Wednesday, a three-judge panel of the 11th U.S. Circuit Court of Appeals determined that the government is protected from liability by an exception to a federal law concerning wrong-house raids. However, the panel reversed a lower court's decision that had granted immunity to the agent.
The judges stated that viewing the evidence in the light most favorable to the plaintiffs, a jury could reasonably conclude that the agent failed to take adequate steps to prevent the error, thereby violating the plaintiffs' constitutional rights.
Jenna Sellitto, a spokesperson for the FBI's Atlanta office, declined to comment on personnel matters. According to reports, the FBI team apologized after the raid and proceeded to the correct location. The team leader reportedly cited a personal GPS device malfunction as the cause of the incorrect address. The FBI was searching for a suspected gang member in a nearby residence.
Martin and Cliatt's lawsuit included accusations of assault, battery, and false arrest, among other violations. Their attorney, Patrick Jaicomo, expressed optimism about the ruling, characterizing the decision regarding the agent's immunity as a clear win. He also noted grounds for hope regarding the government's immunity ruling, which was based on existing 11th Circuit precedent. The judges' separate writing encouraged the full appeals court to reconsider these prior decisions. Jaicomo, a senior attorney with the nonprofit Institute for Justice, indicated plans to seek such a review, potentially allowing his clients to pursue a trial against the government.