Been meaning to post this. Today the Supreme Court will decide if a lawsuit against the FBI can move forward. As many know, there's quite a bit of immunity for the feds. The vast majority of times, if not everytime, if the feds show up to the wrong address, on the wrong street, and bust your front door off the hinges and hold your family, including your children, at gunpoint, you are basically on your own. The will not repair the damage to the door or damage from flashbangs and tear gas. Sometimes you will get an apology at most, many times not even that. Supreme Court considers lawsuit arising from 'wrong house' FBI raid WASHINGTON — When Toi Cliatt heard a loud bang in his Atlanta home in the early hours of Oct. 18, 2017, his first instinct was to grab the shotgun he kept stored in a closet to defend himself from intruders. Luckily for him, he hesitated. His instinct was correct. It turned out that the people entering the house were FBI agents with flash-bang grenades and guns drawn. The problem was they had raided the wrong house. Cliatt, his then-girlfriend Trina Martin and her 7-year-old son Gabe Watson were entirely innocent victims. And a case stemming from the incident is still winding its way through the justice system nearly eight years later, with the Supreme Court hearing oral arguments on Tuesday. Cliatt was handcuffed and thrown on the floor with guns pointed at his head. Martin wanted to rush to her son but wasn't allowed to move. Watson woke up abruptly to see agents with guns in his bedroom.
If the feds make a mistake and cause damage/harm they need to own it and fix it. No different from any other level of law enforcement, or any other business entity or person. Maybe you limit damages to physical or real medical expenses only, but even that seems sort of unamerican/commie. No clue how any law on blanket “immunity” holds any legal water whatsoever. How anyone thinks otherwise is beyond me. The only thing I’m certain of is if the FBI “accidentally” raided their home and held them at gunpoint - conservatives wouldn’t be like “oh well, mistakes happen”. Not a chance in hell.
I agree that limiting damages to only property and medical bills doesn't sound right. Many of these wrong house raids happen to families with children in the house. The Atlanta raid involved a 7 year old. He wanted to be a police officer when he grew up but that's no longer the case. I can't imagine the lasting impact of having your door busted off the hinges, flashbangs going off in your house, seeing your parents held at gunpoint, etc. That deserves compensation. Especially when you are a block away but none of the dozens of officers can figure it out. Once again, letter carries do a better job than police officers. The Atlanta case happened 7 years ago. The district Judge and 11th Circuit have both ruled for the FBI. Another issue with these wrong house raids is the continuing militarization of police. The more they get kitted out and trained line they are kicking doors in Faluja, the more you see people being killed by these "warriors." Recently, an elderly man was killed when his house (the wrong house) was raided and he grabbed a gun because he thought he was being robbed. A raid because someone stole the weedeater of someone important in the city. I was going to add it to the cops thread but it isn't really getting any attention anymore. I have several wrong house riads in familiar with, one of which is actually in that thread. Cops raided her house, handcuffed her while topless, while they searched her house. She spent way too long topless while men went through he house. Another issue is when they find out they are at the wrong house, they still keep searching for whatever reason. They may have an arrest warrant for a person, but continue looking in places that no person could be, in kitchen drawers, shoeboxes, etc, even after they know they are at the wrong house.
I think it makes sense to have some level of immunity given to the particular officers. In a team of 20 or 30 agents, we can’t expect each of them to be responsible for personally deciding if all the particulars of a raid are properly formulated. But I can’t see any reason why the entire agency should be off the hook. I mean, they are the Federal Bureau of Investigation. They are publicly funded, so what the heck is the issue here?
That is true, if they do a bad raid and destroy property or shoot without justification - obviously you don’t hold all 20 responsible (not in a criminal sense). There is some degree of immunity inferred. But you should possibly hold individuals responsible *IF* their individual actions are egregious enough. But here we are talking about civil damages. Who in their right mind would say the govt shouldn’t reimburse/compensate for physical damages???
Q) Who in their right mind would say the govt shouldn’t reimburse/compensate for physical damages??? A) The government.
To take the opposing side... Feds don't pay anything for mistakes. Taxpayers do. The remedy is that these officials should all be fired or held legally responsible for a crime. But should all tax-payers pay another tax-payer for the abuse of the government? I dont know the answer there.
No knock warrants and raids like these are a problem. Much like high speed chases, the cost and danger to everyone involve is really higher than the ends justify, and warrants for these types of raids need to be given a significantly higher level of scrutiny, with police required to explain and justify why other alternatives (e.g. waiting for the suspect to leave the house, etc) are not valid and only an armed entry will work. Short of needing to assail a known compound with multiple confirmed armed individuals of some sort with coordinated action, I just can't think of a good reason why it's necessary, and even then they need to damn well get the address right. Have multiple officers confirm through photos, etc. with a trail of accountability, and the raid's commanding officer sign off. Force the agency to carry insurance and let the insurance companies investigate poor outcomes and force economic decisions for agencies with bad decision makers.
Public services and how they are administered are generally the consequence of electoral choices. Essentially it's the tax base self-insuring those choices.
Lot's of info here on insurance: https://www.washingtonpost.com/inve...lice-misconduct-insurance-settlements-reform/ Across the country, allegations over police conduct are often settled by departments at taxpayers’ expense: A Post investigation in March documented more than $3.2 billion spent over the past decade to resolve nearly 40,000 claims at 25 of the nation’s largest police and sheriff’s departments.
Great info. That said, it sounds like large cities are still largely immune, and individual officers are somewhat insulated from feeling the pain. Ideally part of the "pain" of paying for the policy should be born by the department (e.g. what is the component of the premium that is due to departmental policy, training, standards, etc.) and what part of the premium cost is each individual officer contributing to due to their behaviors and actions in the field. Start tying that to financial outcomes for the department and its officers and you will start to see more responsible policing.
I've been a fan of officers having to carry their own insurance. Start out super small, but make it considerably more expensive the more you mess up. Maybe that officer that shot that woman in the face over the pot of boiling water wouldn't have been a cop at the time because it was prohibitively expensive to carry insurance after being fired from what, like 5 or 6 departments in just a few years time span. That woman would still be alive and that cop would be off the streets.
Can't embed the video but here's a link to live oral arguments. https://www.youtube.com/live/BbbMukW_Nkc?si=E8XwIoYAdGzMPgxd