This story was originally published by the WND News Center.
The Supreme Court has agreed to review the case of an Atlanta family targeted – wrongly – during an FBI SWAT raid.
Their home was broken into and they were subjected to the tactics SWAT teams use to arrest fugitives.
Then the government refused to pay their costs.
According to the Institute for Justice, which has represented the family, the decision will be over whether the Federal Torts Claims Act case can move forward.
Victimized by the government scheme were Trina Martin, her son Gabe, and her partner Toi Cliatt.
"What happened to us was deeply unjust, and I'm relieved that the Supreme Court is taking up our fight for justice and accountability," Trina said in a statement released by her lawyers.
"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."
Patrick Jaicomo, a lawyer for the IJ, said, "Congress amended a federal statute to ensure that victims of wrongful federal police raids have a remedy in American courts. It's time for the Supreme Court to make it clear that the FTCA means what it says, and courts have no business carving exceptions into the statute Congress passed."
While federal law allows for compensation for people injured by federal employees, the government has fought for seven years against being responsible for the SWAT raid.
The story began one morning in 2017, when family members "were jolted awake by the sound of a flashbang grenade exploding in their living room. Toi, fearing that the home was being robbed, pulled Trina into the bedroom closet and reached for his legally owned shotgun. Just as he was about to grab it, an FBI agent barged in, threw him to the ground, and began interrogating him and Trina. All the while, Gabe (seven years old at the time) was separated from his mother as officers stormed into his bedroom with guns drawn."
When given a chance, Toi told the agents the address, and they realized they raided the wrong home.
There was a warrant, but the address on it was not that of the family's home.
The agents then fled, heading to the correct target.
"Afterward, one of the agents returned, apologized, and gave Toi his supervisor's business card to discuss paying for the damage. Toi called the number on the card, but 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 legal team said.
The congressionally adopted FTCA waives sovereign immunity under certain circumstances, the report said.
