"Thanks a lot Bill"
The left is only interested in deportations when it comes to appeasing commmie dictators
Posted on 01/28/2025 4:02:36 AM PST by where's_the_Outrage?
An FBI SWAT team smashed the front door of a suburban Atlanta home in 2017, threw a stun grenade inside and held a family at gunpoint as they attempted to serve a search warrant. There was one problem: They had the wrong home.
The traumatized family sued for damages in federal court, but the U.S. Court of Appeals for the 11th Circuit found in 2024 that they had no recourse. The federal government had broad immunity from being held liable for the error.
The Supreme Court said Monday it will review that decision, in a case that could have broader reverberations for victims of some government behavior.
The family argues that the appeals court decision was wrong and that Congress had created a remedy for people in their situation. For most of the nation’s history, sovereign immunity barred the federal government from being sued for misconduct or negligence by federal employees.
But in 1946, Congress passed the Federal Tort Claims Act, which waived immunity for some actions taken by federal employees that led to personal injury or property damage. The family points out that the law was amended in 1974 to include a provision for action by law enforcement after a pair of mistaken house raids.
The act contains a number of exceptions to the immunity waiver, and federal courts have often differed over when they apply.
(Excerpt) Read more at msn.com ...
I agree with Rand Paul. We need to ban no knock raids entirely.
Having a degree of personal liability ( by both the cops and their commanders) would go a long way towards making them more careful, and dampening enthusiasm for no knock raids.
Can’t sue city hall.
Elian Gonzalez. His family was breaking the law or was it?
About the only time I see a Ned for a no knock raid is a hostage situation.
Is Trump going to do anything about the Gestapo of the left the FBI or is he waiting for Kash Patel to take over? I think his hearing is on Thursday.
Bet they rule it is totally acceptable collateral damage in this “war” to control the people.
So what if Scotus rules against the offended party.
Its a simple th8ing ti sue the officers in their private individual capacity on the basis that they exceeded the police authority granted by their employment mandate.
The whole team of FBI needs to be sued personally, those who commanded the raid, those who conducted it and those who did the paperwork for it.
This FBI activity was not legitimate or lawful, nor intended to be executed in mistake or negligence. THe while team acted to exceed the authority of their employment as FBI agents or clerks......personal liability of each FBI employee involved should attach.That would make about 30 or 40 FBI employees, who should pay personally for the plaintiffs’s damages.
The public policy would be that the execution of no knock raids need to be carefully scrutinized before execution, in detail. Such invasive work should not be done so capriciously with a wanton disregard for the Constitutional Rights involved either.No such mistakes should ever be alloed or accepted by a non DEI FBI.
"Thanks a lot Bill"
The left is only interested in deportations when it comes to appeasing commmie dictators
Something as basic as the wrong address should definitely not be covered by any “immunity” clause. It’s a doorway to abuse. Want to terrorize someone? Get a warrant for a known drug den in their general area and then raid their house “by mistake.” I mean, come on.
Simple solution: Any judge who signs off on a “no-knock” warrant must escort the police to the scene to ensure that they do the job right.
The FBI doesn’t have money to hire an address checker?
Eliana Gonzales...
Remember him Well.
“if you think government is overbearing now just wait until all law abiding Americans are disarmed” applies. “In the future only two types of criminals will have guns, those who disrespect the badge and those who wear one” L.Star
For some reason I would expect that all involved could at least read and count.
99% of the time they can pick people up when they go to work, the do the 3 am raids on purpose to get a kill.
Indeed.
I do recall that the government cannot take property without remuneration. They took their door and lots of intangibles.
And the government cannot conduct searches and seizures without probable cause. They had cause, elsewhere.
It shouldn’t be a close question. In fact, the agents themselves should be individually liable.
There should be no immunity for incompetence.
If they can’t even get the address right for a raid, they have no business even conducting it.
Heck, even the post office is capable of getting mail to the correct house (most of the time).
But for something like that, it’s not just a letter delivered to the wrong address. People’s lives are in danger and how many times have we heard of them destroying the place and leaving it like that?
This is evidence not of a representative republic but a tyrannical dictatorship.
No immunity and pay for damages and any legal expenses incurred by their alleged error. They need to be responsible for the decisions they make, just like the rest of us.
And if they can’t do any better than be a bunch of screw ups, disband it. They’re not protecting anyone.
They strayed from their original purpose long ago. Like, the EPA. When Nixon formed it, it did a lot of good. Louisville, my birthplace, always had smog so badly I could stand downtown and not see the buildings just a few blocks away. The EPA fixed that. But now it's been weaponized against conservatives and patriots and needs to go away.
Here is a discussion of sovereign immunity.
https://constitution.congress.gov/browse/essay/artIII-S2-C1-13-4/ALDE_00013569/
Sovereign immunity is different than individual immunity, it appears. So lawsuits against individuals who make errors are sometimes possible.
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