• Re: Supreme Court grants review Martin v. United States wrongful FBI SW

    From Adam H. Kerman@21:1/5 to Adam H. Kerman on Sun Apr 27 06:07:46 2025
    Adam H. Kerman <ahk@chinet.com> wrote:

    Utterly idiotic ruling from 11th Circuit to be argued before Supreme
    Court this term, likely in April. "Idiotic" is my word. The appeal was >suggested because of circuit split. However, the federal government (is
    there a solicitor general at the moment?) opposed review, as the opinion >doesn't affect the outcome of the case. The government's reasoning makes
    no sense to me. . . .

    Arguments on 4/29/2025

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  • From Adam H. Kerman@21:1/5 to All on Tue Apr 29 22:35:32 2025
    Martin v. United States was heard at US Supreme Court 4/29/2025. The
    justices were sympathetic to the family in the house that an FBI SWAT
    team wrongfully raided.

    I love this bit.

    The government says judges shouldn't be second-guessing
    decisions made in the absence of a specific policy and Martin
    can't sue over an honest mistake. The 11th U.S. Circuit Court of
    Appeals agreed, tossing out the lawsuit in 2022.

    Both liberal and conservative justices appeared skeptical of the
    government's position, with Justice Neil Gorsuch asking
    incredulously, "No policy says, 'Don't break down the door of
    the wrong house? Don't traumatize its occupants?'"

    The Supreme Court may reverse the 11th Circuit in part, which would
    return it to lower courts for more litigation.

    We may get a very narrow ruling favorable to the family, but not a broad
    ruling making it easier to sue the government when it commits a tort.

    https://apnews.com/article/supreme-court-fbi-raid-wrong-house-df4fd6235660a67e4b34a1f790c674ca

    The SCOTUSBLOG article summarizes more of the facts, like this tidbit:

    But Guerra had not confirmed the address on the homes mailbox
    before authorizing the start of the raid.

    https://www.scotusblog.com/2025/04/justices-appear-sympathetic-to-victims-of-swat-raid-on-the-wrong-house/

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