ATLANTA — The U.S. Supreme Court said Thursday a Southwest Atlanta family can sue the FBI for raiding their home by mistake in 2017.
They told Channel 2 Investigative Reporter Ashli Lincoln they want to be the last family that goes through something like that.
It was a terrifying moment for the family. They say they were asleep when FBI agents used flashbangs grenades and broke down the door to storm in.
The problem: it was the wrong house. The Supreme Court says they’re entitled to move forward with their lawsuit.
Toi Cliatt and Curtrina Martin say they’re a step closer to justice.
“I swear to God, my heart just dropped,” Martin said. “I didn’t even want to read it.”
In 2017, Cliatt, Martin and her then 7-year-old son, Gaberial Watson, were startled awake by agents who thought they were targeting the home of a gang member.
Exclusive body camera video shows the moments the home was raided. Agents smashed the door, detonating flashbangs and interrogated them at gunpoint before realizing they had the wrong address.
“I felt very happy and proud of my mom for keep fighting, even though we took a lot of losses,” Gaberial said.
Cliatt and Martin filed a federal lawsuit against the FBI. A federal appeals court barred that lawsuit from moving forward.
Historically, the federal government is immune from lawsuits. But after a series of wrong house raids in the ‘70s, laws were expanded to allow Americans to sue federal law enforcement agents.
Institute for Justice attorney Patrick Jaicomo says this is a historic win.
“Being able to overcome the federal government in the highest federal court in the country puts the Martin family in a David versus Goliath situation,” he said.
All nine Supreme Court Justices voted unanimously.
Justice Neil Gorsuch questioned federal attorneys, saying, “You might look at the address of the house before you knock down the door.”
The Justice Department argued it should not be liable because federal law bars tort suits against federal employees.
“The highest court in the land sides with you, it lets you know you’re doing the right thing” Cliatt said.
The FBI told Channel 2 it can’t comment on pending litigation.
Attorneys say not only will Cliatt and Martin be able to move forward with this case, but the Supreme Court also ordered the 11th Circuit Appeals Court to reexamine it.
SCOTUS Ruling by WSB-TV on Scribd
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