


The Supreme Court ruled unanimously Thursday for a family that is suing the FBI after agents wrongly raided their home, causing property and personal damages.
Justice Neil M. Gorsuch, writing for the court, said the lower courts conducted the wrong analysis when looking at exceptions under the Federal Tort Claims Act, which lets Americans sue government agencies.
The justices didn’t say whether the agents should be held liable. They simply revived the family’s lawsuit against the agents and directed the 11th Circuit Court of Appeals to take another look.
“We would benefit from the Eleventh Circuit’s careful reexamination of this case in the first instance,” wrote Justice Gorsuch.
Lower courts had dismissed a woman’s lawsuit after federal officers mistakenly raided her Atlanta-area home with their guns drawn in October 2017. They were trying to go after a gang hideout.
The event traumatized her and her young son. It also led to her former boyfriend leaving his job, as he is unable to sleep well enough to do the work.
Curtrina Martin sued the federal government to recover damages that were caused when the agents threw a flash bang grenade into her living room.
One of the agents found a piece of mail during the raid, showing a different address than the house they were meant to be targeting.
According to court filings, the agents were in the home for about five minutes.
An agent left the family with information to contact the team’s supervisor, but now, nearly eight years later, the family — which included Ms. Martin, her son Gabe, who was 7 at the time, and her former boyfriend, Toi Cliatt — has still not been compensated for the trauma caused by the incident.
The 11th U.S. Court of Appeals ruled against the family, reasoning the agent was acting within his law enforcement scope and didn’t violate the Fourth Amendment.
Other appeals courts have interpreted the federal law to be more favorable for victims.
The high court’s decision will give the family a chance to go back to court to try again to recoup damages.
The FBI agent blamed his personal GPS device for the error, saying it diverted his team to the wrong house.
In the court’s opinion, Justice Gorsuch emphasized that the agents didn’t look at the street sign, which was a different street than the targeted gang-suspect house, nor the house number located on the mailbox, before going inside and beginning the raid.
A different car was also in the driveway from the suspected gang member’s house, which had been scoped out, Justice Gorsuch highlighted.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.