Scotus News
By Amy Howe
On January 27, 2025
At. 18.09
Martin against the United States are likely to be heard in the spring. (Katie Barlow)
The Supreme Court weighs on whether a Georgia family, whose home was mistakenly attacked by an FBI SWAT team, may sue the federal government for the error. Just over six hours after the judges issued a list of orders from their January 24 -Conference, and three days after they awarded three cases from this conference, the court issued a new order that gave review in Martin against the United States And quickly trace the case for oral argument, presumably during the 2024-25 view.
The federal government is usually immune to litigation. The federal law on claims for damages dismisses this immunity and allows private individuals to sue the United States for the wrong employees of federal employees if a private person could be held liable under the same circumstances in the state where the actions took place. However, the law prescribes an exception to this rule, but to state claims derived from a government official’s performance of a discretionary duty or function.
The couple in the center of the case, Curtrina Martin and Hilliard Cliatt, live with Martin’s young son in suburbs Atlanta. In 2015, the FBI intended to perform a No-Knock Warrant’s home with a gang member Joseph Riley. Instead, the agents and the Swat team went to Martin and Cliatt’s home. The couple lived less than 500 feet from Riley in a house that looked like his but had another address number and was on another street.
The Swat team went into the house before dawn with a flashbang grenade -an explosion device that produces a light flash of light and a very high noise. Members of the team handcuffed Cliatt and pointed guns to both Martin – who were only partially dressed – and him.
Eventually, the agents realized they had gone to the wrong house, apologized and indicated that the FBI would handle repairs for the damage to the house.
Martin and Cliatt filed a lawsuit in the federal court in Georgia against (as relevant here) the United States. They brought a number of state requirements, including false arrest, negligence, false imprisonment and assault and battery, under FTCA.
The US Appeals Court for the 11th Circuit maintained the dismissal of Martin and Cliatt’s claims. The family then came to the Supreme Court, who on Monday agreed to decide whether their claims under FTCA are blocked under the supremacy of the constitution, about the theory that decisions such as the one referred to by the FBI agents in this case may have a connection to Promote federal politics and therefore take precedence to state law and to weigh on the use of the exception “discretionary function”.
In a written statement, lawyers welcome Martin and Cliatt the decision to give notification. “When the police – including the FBI – Raid the wrong house, they must be held responsible for the damage,” said Anya Bidwell of the Institute for Justice.
This article was originally published on Howe on the field.
