Atlanta family can pursue FBI agent after mistaken 2017 SWAT raid on wrong house
A federal appeals court blocked an Atlanta family's lawsuit against the government but allowed claims against the FBI agent who led the mistaken 2017 raid.
Appeals Court Revives Claim Against FBI Agent in Atlanta Wrong-House Raid
A federal appeals court ruled Wednesday that an Atlanta family cannot sue the federal government over a mistaken FBI SWAT raid on their home in 2017 — but can pursue the agent who led the team, ABC News US reports.
FBI agents broke down the front door of Trina Martin's home before dawn on Oct. 18, 2017, stormed into her bedroom and pointed guns at her and her then-boyfriend, Toi Cliatt, while her 7-year-old son screamed for her from another room. The agents realized within minutes they had the wrong address and left for the correct location nearby. The FBI was searching for a suspected gang member a few houses away.
Martin and Cliatt said the raid left them traumatized. They sued both the federal government and the agent who commanded the SWAT team. The U.S. Supreme Court revived the lawsuit last year after it had previously stalled.
A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled Wednesday that the government is shielded from liability under an exception to a federal law that permits lawsuits over wrong-house raids. The panel did, however, reverse a lower court decision that had granted the lead agent immunity from personal liability.
"Viewing the evidence in the light most favorable to the plaintiffs, a reasonable jury could fairly conclude" that the agent had "failed to engage in reasonable efforts to avoid error, and therefore, violated the plaintiffs' constitutional rights," the judges wrote.
The team leader had previously acknowledged that his personal GPS device directed him to the wrong address. After the raid, the FBI quickly apologized.
Jenna Sellitto, a spokeswoman for the FBI's Atlanta office, said the agency does not comment on personnel matters.
Patrick Jaicomo, the family's attorney and a senior lawyer with the nonprofit Institute for Justice in Arlington, Virginia, called the ruling on the agent's immunity a clear win. He also expressed cautious optimism about the portion shielding the government, noting that the panel's decision relied on existing 11th Circuit precedent — and that the judges wrote separately to encourage the full appeals court to reconsider those earlier rulings.
Jaicomo said he intends to seek that broader review, which could eventually open the door for Martin and Cliatt to bring the government itself to trial as well. Martin and Cliatt's original lawsuit alleged assault and battery, false arrest and other constitutional violations.
Source: ABC News US