An innocent woman whose McKinney, Texas home was destroyed by a SWAT team in 2020 has asked the Supreme Court to hear her case seeking compensation for the damage. Vicki Baker, represented by IJ, is petitioning the High Court after an appeals court panel overturned a lower court’s ruling that held she was entitled to nearly $60,000 for the destruction police caused while pursuing a fugitive.
I hope the outcome is different in this case. Previous cases have all gone against the property owners. There are too many exceptions to rights. Add the police powers exception to the qualified immunity protection, and normal people are always on the losing end.
Can someone please explain to me why the introductory doctrines of tort law in that you take the plaintiff as you find them and make them whole again do not seem to apply to the state or police and why they are treated differently from any other defendant?
Great question. I would also like to know the answer.
You go get’em, Institute for Justice
Senior Lecturer of Budgeting & Public Policy at Naval Postgraduate School
2moThis case is infuriating. If a corporation or neighbor did this to her house, she would have a clear cause of action. The government should not be immune. We have a first and fourth amendment to the constitution for a reason. This is why I support IJ.