Yes, correct.
You can read about the situation in the first pages of the 10th District 3-judge panel's decision:
https://www.ca10.uscourts.gov/opinions/18/18-1051.pdf [October 29, 2019]
This is quite the fascinating case, and I'm doing a deep dive on the judicial players.
Fascinating that there's a number of posters claiming that the homeowner and the gunman are related, when that's patently NOT true [see above PDF].
It's also interesting that the 4 judges involved don't seem to have an answer to a commonsense question - why can the government obliterate your innocent house and then flip you off because it's not a "taking"?
Perhaps an interested government would proactively make some helpful suggestions about compensation for an innocent bystander that got hit by the law enforcement train.
How many times have you read where cops get off after beating up someone?
Perhaps you should read the lawsuit in your deep dive.
Philip A. Brimmer initially ruled against Lech et al. in May of 2018.
Philip A. Brimmer (born March 15, 1959) is the Chief United States District Judge of the United States District Court for the District of Colorado. He is the son of Clarence Addison Brimmer Jr., a former federal judge in Wyoming.
Brimmer was appointed by George W. Bush.
The current ruling was by a 3-judge panel of the United States Court Of Appeals For The Tenth Circuit [Before HOLMES, McKAY, and MORITZ, Circuit Judges].
Jerome Holmes was appointed by George W. Bush [67-30 confirmation vote].
Monroe G. McKay was appointed by Jimmah Carter, and is 91 years old. This inspires confidence in me [not].
Nancy Moritz was appointed by ClownBammy [60-38 cloture vote, 90-3 confirmation vote].
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The decision referenced in the PDF doesn't indicate whether it was unanimous or split. It was delivered by Nancy Moritz.