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.
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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.
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.
