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Atlanta residents can pursue claims against FBI agent over 2017 mistaken raid, court rules

A federal appeals panel says Toi Cliatt and Trina Martin may continue their lawsuit against the agent who led an armed raid on their Atlanta home. Their claims against the federal government itself remain barred under existing precedent.

Atlanta residents can pursue claims against FBI agent over 2017 mistaken raid, court rules
An FBI agent who led an armed raid on the wrong Atlanta home in 2017 can face a lawsuit by the residents, a federal appeals court ruled Wednesday, reviving the family’s claims against him. The three-judge panel of the 11th U.S. Circuit Court of Appeals said evidence could allow a jury to find that agent Gabe Guerra violated the constitutional rights of Toi Cliatt and Trina Martin. The ruling reverses the dismissal of their claims against Guerra, who ordered a SWAT team to enter their home while searching for a suspected gang member believed to live elsewhere. The raid began around 5 a.m. on Oct. 18, 2017. Officers broke down the front door, set off a flashbang grenade in the entryway and pointed guns at the startled residents, according to the court’s account. The judges said the warrant and the team’s search were directed at a different residence. The panel did not revive the family’s claims against the federal government. It said legal precedent bars those claims, while describing the governing law as troubled and in need of reconsideration. The decision leaves the case against Guerra able to proceed, but does not determine whether he is ultimately liable. For Cliatt and Martin, the ruling means they can continue seeking accountability from the agent who directed the raid, even as the government itself remains shielded from their claims under current law.

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