Qualified Immunity Protects FBI Agents Who Raided The Wrong Home, Pointing Guns At 7-Year-Old Black Boy
A family in Atlanta, Georgia, is seeking justice after the police made a shocking mistake when they raided the wrong home.
Back in 2017, Curtrina Martin and her then-fiance´ Hillard Toi Cliatt, were victims of an unexpected run in with Federal Bureau of Investigation (FBI) armed officers. Martin's 7-year-old son was in the home during a raid when authorities allegedly pointed guns at the terrified Black boy.
Their request to hold the FBI accountable for the mix-up seems to be falling on deaf ears, as the court system has reportedly complicated the process due to qualified immunity protections, per 'Atlanta Black Star.'
According to the media outlet, Martin's attempt to seek justice has been overruled. The 11th Circuit Court of Appeals investigated, concluding that the leader of the raid — FBI Special Agent Lawrence Guerra — did not violate the constitution, despite targeting the wrong home.
In addition to ruling that their harrowing mix-up was not in violation of the constitution, the court found that Guerra had taken reasonable steps to prepare for the raid, arguing that his actions were warranted given the similarities between the homes and reported poor visibility.
The house feds were actually looking for was located approximately one block away from Martin's home, per the news hub. Although the lawsuit was filed, it's allegedly sitting dormant within the legal system, as the government hasn't been required to pay any damages to the family for trauma, nor their legal fees.
Cliatt and Martin reportedly attempted to sue under the Federal Tort Claims Act, which allows victims to sue the federal government for some harms. That said, their case was reportedly blocked due to the ruling that the FBI's actions were considered discretionary, rendering their jaw-dropping maneuver protected.
It was reported that Cliatt's insurance company picked up the slack, and the FBI later reimbursed the company. Martin viewed the reimbursement as a small consolation. "It's much more than physical damage," Cliatt stated, per 'Atlanta Black Star.' "It's also mental."
"I had to take off work for almost a year," Martin said. "So putting myself and my son through therapy at the time, it took a big strain financially on me... My son at the time experienced so much trauma, and having to put him through therapy and just the anxiety and fear that he experienced from that, that's enough to want to say, 'Hey, there should be some justice done in this situation.'"
Martin's attorney, Patrick Jaicomo, agreed.
"My clients have lost sleep, jobs, trust, and a basic sense of security in their own home because the FBI couldn't be bothered to check an address before leading a pre-dawn military-style raid in a residential neighborhood," he said.
Jaicomo and the family plan to ask the Supreme Court to hear their appeal soon.
