By Steve Neavling
The U.S. Supreme Court will hear arguments Tuesday in a case involving an FBI raid on the wrong home in Atlanta, after lower courts dismissed the family’s lawsuit against the federal government.
Before dawn on Oct. 18, 2017, agents stormed the home of Trina Martin, pointed guns at her and her boyfriend, and left her 7-year-old son screaming from another room, the Associated Press reports. Martin said she was blocked from comforting him and left cowering until agents realized they had the wrong address.
“We’ll never be the same, mentally, emotionally, psychologically,” Martin said Friday.
Martin sued for assault, false arrest, and other violations. A federal judge and the 11th U.S. Circuit Court of Appeals ruled against her, agreeing with the Justice Department’s argument that courts should not “second-guess” honest mistakes by law enforcement. The Supreme Court agreed in January to review the case.
The FBI had been searching for a suspected gang member a few houses away and blamed a GPS error for the mistake. An FBI spokesperson declined to comment on pending litigation.
Martin said the raid left deep scars on her family. Her son developed severe anxiety. She quit coaching track because the starting pistol reminded her of the flashbang grenade agents used. Her boyfriend, Toi Cliatt, said he had to give up truck driving because he couldn’t safely stay awake on the road.
“The road is hypnotizing,” he said. “I became a liability to my company.”
After realizing their mistake, agents uncuffed Cliatt and left for the correct house, where they made the arrest. The lead agent later returned to apologize, but the family says they never received any compensation.
Public-interest groups across the political spectrum are urging the court to overturn the lower court rulings. Martin’s lawyers argue Congress intended to allow lawsuits for wrong-house raids when it passed the Federal Tort Claims Act in 1974.
“If the Federal Tort Claims Act provides a cause of action for anything, it’s a wrong-house raid like the one the FBI conducted here,” Martin’s attorneys wrote.
Martin said the worst part was hearing her son cry for her.
“When you’re not able to protect your child or at least fight to protect your child, that’s a feeling that no parent ever wants to feel,” she said.
