Appeals court lets family sue FBI agent over mistaken raid

A unanimous 11th U.S. Circuit Court of Appeals panel on October 7 allowed an Atlanta family’s constitutional claim against FBI Agent Lawrence Guerra to proceed, ruling that a jury could find he failed to take reasonable steps to identify the correct home before a 2017 raid. The judges dismissed the family’s claims against the federal government under existing circuit precedent, but urged the full appeals court to reconsider that rule. The ruling reverses a lower court decision granting Guerra qualified immunity. It does not decide whether he is liable, award damages or resolve disputed facts. The family’s claim against him returns to the district court for further proceedings. The case stems from an October 18, 2017, FBI operation targeting a suspected gang member in suburban Atlanta. Agents had warrants associated with a home on Landau Lane but entered the family’s home on Denville Trace before dawn. The homes were three houses apart, on different streets, with a cross street between them. Agents broke down the family’s front door and set off a flashbang grenade. Curtrina Martin, Hilliard Toi Cliatt and Martin’s 7-year-old son were inside.