The U.S. Supreme Court has agreed to hear the case of a family who claims FBI SWAT agents mistakenly raided their home in October 2017, traumatizing them. The court will decide whether the victims can sue the federal government.
Trina Martin, her partner Toi Cliatt, and her then 7-year-old son Gabe were “jolted awake” when FBI agents entered their home, throwing a flashbang grenade that exploded in the living room.
Lawyers for the family say Cliatt pulled Martin into a bedroom closet, fearing a robbery, and reached for his legally owned firearm. That’s when a federal agent barged in, threw Cliatt to the ground, pointed a gun at the pair and began interrogating them.
Point phone camera here
Gabe was separated from his mother and Cliatt as agents stormed his bedroom with guns drawn.
It wasn’t long before agents realized they were at the wrong house.
Martin, Cliatt and Gabe were not suspects. Federal agents –– who had a warrant for a home with a different address –– were searching for a gang member named Joseph Riley, who lived less than 500 feet away.
One of the FBI agents told the family that the federal government would cover any damages to their home.
But when Cliatt called the number provided by the agent, his lawyers said, “It quickly became clear that the federal government did not plan to help.” The lawyers added, “With no other way to recover costs for these injuries, Trina, Gabe, and Toi filed a lawsuit under the FTCA [Federal Tort Claims Act].
The FTCA allows individuals to sue the federal government for most torts, such as personal injury or property damage, caused by federal employees acting within the scope of their duties. It waives sovereign immunity in specific cases.
The family filed several state-law claims under the FTCA, including false arrest, negligence, false imprisonment, and assault and battery.
The federal government has sovereign immunity, meaning it can only be sued if it consents.
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Martin released a statement through her lawyers, saying: “What happened to us was deeply unjust, and I’m relieved that the Supreme Court is taking up our fight for justice and accountability. Congress wanted people in our unfortunate position to have the right to sue. When the government harms innocent people, it has a responsibility to make things right.”
Oral arguments are expected later this year.
FBI SWAT AGENTS ARE ACCUSED OF MISTAKENLY RAIDING THE WRONG HOUSE IN OCTOBER 2017 TRAUMATIZING AN INNOCENT FAMILY LIVING INSIDE.
AND NOW – THE SUPREME COURT HAS DECIDED TO HEAR THE FAMILY’S CASE AND DECIDE IF THE VICTIMS CAN SUE THE FEDERAL GOVERNMENT.
TRINA MARTIN, HER PARTNER TOI CLIATT AND HER THEN 7-YEAR-OLD SON GABE WERE “JOLTED AWAKE” WHEN FBI AGENTS ENTERED THEIR HOME WITH A FLASHBANG GRENADE THAT EXPLODED IN THEIR LIVING ROOM.
LAWYERS FOR THE FAMILY SAY TOI PULLED TRINA INTO THE BEDROOM CLOSET – FEARING THE HOUSE WAS BEING ROBBED AND REACHED FOR HIS LEGALLY OWNED FIREARM. THAT’S WHEN A FEDERAL AGENT BARGED IN, THREW TOI ON THE GROUND, POINTED THEIR GUNS AT THEM, AND BEGAN INTERROGATING THEM.
GABE WAS SEPARATED FROM HIS MOM AND TOI AS AGENTS STORMED HIS BEDROOM WITH GUNS DRAWN.
AGENTS SOON REALIZED THEY WERE AT THE WRONG HOUSE.
TRINA, TOI AND GABE WERE NOT SUSPECTS.
FEDERAL AGENTS HAD A WARRANT FOR A HOUSE WITH A DIFFERENT ADDRESS THEY WERE LOOKING FOR A GANG MEMBER NAMED JOSEPH RILEY WHO LIVED LESS THAN 500 FEET AWAY FROM THE FAMILY.
ONE OF THE FBI AGENTS TOLD THE FAMILY THAT THE FEDERAL GOVERNMENT WOULD TAKE CARE OF ANY DAMAGES TO THEIR HOUSE.
THE FAMILY’S LAWYERS SAY TOI CALLED THE NUMBER THE FBI AGENT GAVE TO THEM AND QUOTE “IT QUICKLY BECAME CLEAR THAT THE FEDERAL GOVERNMENT DID NOT PLAN TO HELP. WITH NO OTHER WAY TO RECOVER FOR THESE INJURIES, TRINA, GABE, AND TOI FILED A LAWSUIT UNDER THE FTCA.”
THE FTCA STANDS FOR THE FEDERAL TORT CLAIMS ACT WHICH ALLOWS PEOPLE TO SUE THE FEDERAL GOVERNMENT FOR MOST TORTS SUCH AS PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY FEDERAL EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR DUTIES. IT’S A WAIVER OF SOVEREIGN IMMUNITY IN SPECIFIC CASES.
THEY FILED SEVERAL STATE-LAW CLAIMS UNDER THE FTCA, INCLUDING FALSE ARREST, NEGLIGENCE, FALSE IMPRISONMENT, AND ASSAULT AND BATTERY.
THE FEDERAL GOVERNMENT HAS SOVEREIGN IMMUNITY MEANING THE GOVERNMENT CAN ONLY BE SUED IF IT GIVES CONSENT TO BE SUED.
TRINA RELASED A STATEMENT THROUGH LAWYERS SAYING: “WHAT HAPPENED TO US WAS DEEPLY UNJUST, AND I’M RELIEVED THAT THE SUPREME COURT IS TAKING UP OUR FIGHT FOR JUSTICE AND ACCOUNTABILITY. CONGRESS WANTED PEOPLE IN OUR UNFORTUNATE POSITION TO HAVE THE RIGHT TO SUE. WHEN THE GOVERNMENT HARMS INNOCENT PEOPLE, IT HAS A RESPONSIBILITY TO MAKE THINGS RIGHT.”
ORAL ARGUMENTS ARE EXPECTED THIS YEAR.
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