Posted on 03/18/2025 7:45:49 AM PDT by RandFan
On Friday, U.S. Senators Rand Paul (R-KY), Ron Wyden (D-OR), Cynthia Lummis (R-WY), and Raphael Warnock (D-GA), alongside Representatives Harriet Hageman (R-WY), Nikema Williams (D-GA-5), and Thomas Massie (R-KY-4), filed a bipartisan, bicameral amicus brief urging the U.S. Supreme Court to reverse the Eleventh Circuit’s ruling in Martin v. United States, which undermines Congress’s clear intent to hold federal law enforcement accountable under the Federal Tort Claims Act (FTCA).
This case centers around a mistaken, forceful raid by federal agents who stormed the wrong home in the early hours of the morning. The family inside was jolted awake by a flashbang grenade exploding within their walls. This raid subjected the Martin family to extreme psychological and physical distress. Despite the evident toll on these innocent individuals and the assault they suffered, the Eleventh Circuit’s ruling denies them any legal recourse under the FTCA—the very law Congress amended to ensure federal accountability for wrong-house raids. The decision guts the protections Congress established and threatens Americans’ ability to seek justice when harmed by federal agents.
“Congress specifically designed the FTCA to ensure that individuals harmed by government wrongdoing—such as the wrongful raiding of an innocent person’s home—have a means of recourse. By blocking Trina Martin’s right to seek redress, the Eleventh Circuit’s decision not only undermines Congress’ intent and the FTCA’s fundamental purpose but also sets a dangerous precedent that places government misdeeds beyond accountability. We must ensure that when the government makes a mistake, citizens can hold it accountable and seek justice. This case is a critical step in preserving that protection,” said Dr. Paul.
“The brief filed by this bipartisan group confirms what the text of the federal statute says,” said Patrick Jaicomo, a Senior Attorney at the Institute for Justice. “If federal police harm innocent people while raiding the wrong house or engaging in other unlawful activity, the government will make their victims whole.”
In Martin v. United States, the Eleventh Circuit ruled that victims of the wrong-house raid could not recover damages due to the Supremacy Clause, despite the FTCA’s explicit purpose to hold federal law enforcement accountable for wrongful actions. Congress introduced the FTCA’s law enforcement provision specifically to protect citizens harmed in cases like these, yet the Eleventh Circuit’s stance nullifies that protection—leaving innocent Americans vulnerable to unchecked government power.
The Supremacy Clause was intended to assert the primacy of federal statutes—not to obstruct claims explicitly permitted by Congress. The bipartisan, bicameral brief makes it clear that if the Eleventh Circuit’s interpretation is upheld, it will fundamentally undermine the FTCA’s role in federal accountability, allowing agents to act with impunity and without fear of recourse from innocent citizens.
By overturning the Eleventh Circuit’s decision, the Supreme Court would reinforce the FTCA as Congress intended— empowering Americans to hold federal agents accountable for intentional harms, particularly in cases like these that carry such personal and constitutional significance.
ping
...AND make the individual crooked agent liable for at least HALF the damage award! Maybe fewer wrong address raids with real life skin in the game... ymmv
The following day the city had carpenters, painters, electricians, building and permits inspectors on site and did an excellent job getting the damage rectified. Sometimes a local government just doesn't want to be beaten up by juries for dumb cops. I suggest they fix the cop problem,vbut whadda I know?
If you are guilty of something and the TPTB raid your home and bad things happen, that is on you - no lawsuits allowed.
If TPTB raid your home and it is the wrong place, you should be entitled to full restoration of any damage at the very least, and any other compensation that your legal team can wrangle. A significant amount of the funds that changes hands should come from the party or parties involved with authorizing the raid.
I’d like to see Congress extend the liabilities to federal court officials who rule improperly. Perhaps it would be enforced automatically upon final reversal by a superior court. These judges need to be accountable for their (likely) politicized but definitely wrong opinions.
BLM and the “defund the police” movement was an Obama/Holder/DOJ organized political movement to bring America’s 3000+ local police forces under control of the Feds and the woke-left in DC
We all notice how the left said NOTHING about defunding, limiting or examining Federal law enforcement. Not a single Democrat or leftist protested the FBI, ATF, etc...
Thank God Ron Paul is looking at this now.
They were lucky they were not all killed because they were not already in handcuffs.
“ If you are guilty of something…” Are you a wannabe communist? Or did I miss the sarcasm?
Enjoy being raided. I’m sure you are guilty of something.
sometimes crooked police or government “authorities” raid to steal (or plant “incriminating evidence” against a political target victim, or both)
sh*t happens, and especially with (any) governmental or agency that is armed
this is a primo reason why we hope President Trump disarms and disbands all of the “civilian” agencies and bureaus that Obama/Biden gave weapons to
remembering how Obama wanted a “domestic army at least as large as the regular army,”
“This may be considered as the true palladium of liberty.... The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.”
- St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803
Although I agree with this, it is NOT Good Enough. Felony Stupid causing Injury or Death should come with a lengthy PRISON SENTENCE for all involved.
The court clearly doesn’t care about the law.
I’m surprised the Communist Warlock is part of this.
And then he believed the media's horseshit lies on January 6th, and changed his vote to accept Joe Biden's fraudulent electors.
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