The Supreme Court said Monday it will review whether the FBI should have immunity in a lawsuit brought by a family whose Atlanta home was mistakenly raided by a SWAT team.
In 2017, agents executed a search warrant at the wrong address, believing it was the home of an alleged violent gang member. The warrant had instead listed an address three houses away.
Armed and dressed in full tactical gear, the agents breached the family’s home before sunrise and deployed a flashbang at the entrance. Hilliard Cliatt was handcuffed, his partner, Curtrina Martin, was held at gunpoint, and Martin’s seven-year-old son was also home, court documents show.
Agents realized they had the wrong address within about five minutes. They immediately left and proceeded to arrest the alleged gang member down the street. FBI Special Agent Lawrence Guerra, who led the team, returned later in the day to apologize. He also promised to pay for damages and left a business card.
The family sued the FBI under the Federal Tort Claims Act (FTCA), which allows private citizens to sue for damages when federal employees commit wrongful acts. The Supreme Court in a brief order Monday agreed to take up the family’s appeal after lower judges found the FBI had immunity from the lawsuit.
The high court normally only takes up cases for the current term through mid-January. But the justices set a slightly faster-than-usual briefing schedule that enables the latest case to still be heard this term, which would culminate in a decision by early summer.
