SCOTUS hearing, they won’t do anything.
One sentence here astounds me.
Lawyers for the government argued in Martin’s case that courts should not be “second-guessing” law enforcement decisions.
This summarizes our current (police) state pretty well.
SCOTUS hearing, they won’t do anything.
Dismissed at two different levels already. For some reason.
What is your proposed solution to these kinds of mistakes? This isn’t the first and it won’t be the last.
After agents broke down the door to the house, an FBI SWAT team member dragged Cliatt out of the closet and placed him in handcuffs.
But one of the agents noticed he did not have the tattoos that the suspect had, court documents show. The agent asked for Cliatt’s name and address, and neither matched those of the suspect.
The room then went quiet as agents realized they had raided the wrong house.
It would appear that the mistake was recognized quickly and the FBI left. There is a good question though in asking, what if the raided home owner had a gun in hand? They have every right to do so but the question then becomes, what if they shot an agent or the agent shot them? I can understand these mistakes happening but when they do, a lot of damage is done. It’s a no-win scenario for all.
Cliatt initially believed the raid was a burglary attempt and ran toward the closet, where he kept a shotgun.
There is no question: they would have killed him or locked him away for life until he could be executed.
This is a “damned if we do and damned if we don’t” scenario.
From what I have seen , his plan is to get on an anonymous internet message board and whine about it incessantly to show everyone how “virtuous “ he is.
Gotta keep the criminals in the US.
Seems crazy that they were dismissed.
At least pay for the damage to the house…jeez…
Pay for the damage to the house. Pay compensation for trauma. Revise procedures that led to the mistake.
You must be lost. The name is “Martin”, not “Martinez.”
well it was important enough to SCOTUS to grant certiorari
the only two federal questions in this case are
Whether the Constitution’s Supremacy Clause bars claims under the Federal Tort Claims Act when the negligent or wrongful acts of federal employees have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law.
Whether the discretionary-function exception is categorically inapplicable to claims arising under the law enforcement proviso to the intentional torts exception.
i dont understand the federal questions that SCOTUS will answer in this case.
perhaps someone could in laysmans terms so that i can discuss the issue at hand.
Allan
Oh they’ll hear it. And find for government.
i think you might be surprised with this one.
SCOTUS only takes cases in which important federal questions need to be addressed.
and were NOT addressed fully in the lower courts opinions.
Allan
I won’t be.
Never going to happen.
Never going to happen.
You don’t think there will be a “lessons learned” debriefing following the incident, in order to minimize the chance of it happening again?
They never do. This situation is not new. It’s happened many times over many years and the victims never get compensation.
They won’t even acknowledge they did anything wrong. Not even a “my bad.”
Is it really necessary? Everyone knows they messed up. I’m confident they had a postmortem in order to try and prevent a future error of that type.
deleted
Why not?
Why not?
They should be transparent about that to instill confidence in the community they serve.
Google AI
Sovereign immunity is a legal doctrine that protects the government (federal, state, and local) from being sued without its consent. This means that a government cannot be sued in its own courts unless it has waived its immunity or consented to be sued.
