Hageman Files Amicus Brief in Support of Fourth Amendment Rights
Brief would provide redress for victims of botched FBI raid
Washington, DC – Today, Congresswoman Harriet Hageman, joined by Senators Cynthia Lummis, R-WY, Rand Paul, R-KY, and Ron Wyden, D-OR, and Representatives Dan Bishop, R-NC, Thomas Massie, R-KY, and Nikema Williams, D-GA, filed an amicus brief in the case of Martin v United States, a Federal Tort Claims Act (FTCA) challenge against the U.S. due to a wrongful raid conducted by the FBI.
Representative Hageman stated, “When the government infringes upon a citizen’s Constitutional rights there must be methods of redress for those who were wronged. The FBI clearly violated the Fourth Amendment rights of Ms. Martin and her family, and it is critically important that they have legal redress. Congress has provided Americans with an avenue to protect their individual natural, including those and victims of wrongful federal law enforcement raids. Courts have no right to ignore those protections in order to arbitrarily grant immunity to the FBI, and in doing so in this case the appellate judges have blatantly subverted the laws enacted by Congress. The FBI must be held accountable for the physical and emotional damages it inflicted by wrongfully raiding Curtrina Martin’s home.”
Background:
- In 2017, as part of an anti-gang operation, FBI agents executed a warrant for a specific gang member, raiding the wrong home of Curtrina Martin. Martin, her child, and boyfriend were awoken when agents detonated a flash grenade and ripped the door off its hinges. Her boyfriend was handcuffed, and Martin held at gunpoint. After the FBI noticed it was at the wrong address, the agents ended the raid without explanation.
- Congress enacted the FTCA in 1946 to allow U.S. persons to sue the federal government for torts, including harms that result in legal liability, committed by persons acting on behalf of the government. Congress expanded this accountability measure in the 1970s to address federal law enforcement actions in response to a series of wrongful drug raids on innocent persons.
- Ms. Martin filed for redress against the United States under the FTCA, alleging violation of Fourth Amendment rights. The 11th circuit dismissed her claims on a faulty application of the Constitution’s Supremacy Clause. If allowed to stand, this decision would effectively gut the FTCA, and the accountability it provides, for not just Curtrina Martin, but all Americans, and would deal a serious blow to the separation of powers that underpins our Constitutional republic.
Contact: Chris Berardi, Sr. Advisor/Communications Director