Summary of the case:
The FBI executed a "barely knock" warrant at the wrong house before dawn, ramming in the door and using flash bang grenades. All three plaintiffs, including a 7 year old, were in bed at the time and detained at gunpoint once the officers entered the home. The district court dismissed all of plaintiffs' claims and the 11th Circuit affirmed. The issues before the Court are whether: (1) the Constitution’s supremacy clause bars claims under the FTCA 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; and (2) the discretionary-function exception is categorically inapplicable to claims arising under the law enforcement proviso to the intentional torts exception.
Overview of the Brief:
We argue that:
- wrongful law enforcement raids (including by federal officers) are alarmingly frequent and destructive, so an effective remedy is essential;
- Congress intended to create such a remedy in the FTCA, but the government’s proposed rule would make that remedy all but unavailable; and
- good policy favors making such a remedy meaningfully available, as an FTCA remedy will not discourage legitimate action by law enforcement officers but will give the government incentive to check wrongful police conduct.
A big thank you to our partners at the Yale Supreme Court Law Clinic and the Rutherford Institute, as well as to NPAP members Lisa Lambert, Zack Greenamyre, and Jeff Filipovitz.