FOR IMMEDIATE RELEASE:
March 17, 2025
Contact: Press_Paul@paul.senate.gov, 202-224-4343
ICYMI: Dr. Rand Paul Files Bipartisan, Bicameral Amicus Brief Urging Supreme Court to Restore Federal Accountability in Wrong-House Raid Case
WASHINGTON, D.C. – On Friday, U.S. Senators Rand Paul (R-KY), Ron Wyden (D-OR), Cynthia Lummis (R-WY), and Raphael Warnock (D-GA), alongside Representatives Harriet Hageman (R-WY), Nikema Williams (D-GA-5), and Thomas Massie (R-KY-4), filed a bipartisan, bicameral amicus brief urging the U.S. Supreme Court to reverse the Eleventh Circuit’s ruling in Martin v. United States, which undermines Congress’s clear intent to hold federal law enforcement accountable under the Federal Tort Claims Act (FTCA).
This case centers around a mistaken, forceful raid by federal agents who stormed the wrong home in the early hours of the morning. The family inside was jolted awake by a flashbang grenade exploding within their walls. This raid subjected the Martin family to extreme psychological and physical distress. Despite the evident toll on these innocent individuals and the assault they suffered, the Eleventh Circuit’s ruling denies them any legal recourse under the FTCA—the very law Congress amended to ensure federal accountability for wrong-house raids. The decision guts the protections Congress established and threatens Americans’ ability to seek justice when harmed by federal agents.
“Congress specifically designed the FTCA to ensure that individuals harmed by government wrongdoing—such as the wrongful raiding of an innocent person’s home—have a means of recourse. By blocking Trina Martin’s right to seek redress, the Eleventh Circuit’s decision not only undermines Congress’ intent and the FTCA’s fundamental purpose but also sets a dangerous precedent that places government misdeeds beyond accountability. We must ensure that when the government makes a mistake, citizens can hold it accountable and seek justice. This case is a critical step in preserving that protection,” said Dr. Paul.
“The brief filed by this bipartisan group confirms what the text of the federal statute says,” said Patrick Jaicomo, a Senior Attorney at the Institute for Justice. “If federal police harm innocent people while raiding the wrong house or engaging in other unlawful activity, the government will make their victims whole.”
In Martin v. United States, the Eleventh Circuit ruled that victims of the wrong-house raid could not recover damages due to the Supremacy Clause, despite the FTCA’s explicit purpose to hold federal law enforcement accountable for wrongful actions. Congress introduced the FTCA’s law enforcement provision specifically to protect citizens harmed in cases like these, yet the Eleventh Circuit’s stance nullifies that protection—leaving innocent Americans vulnerable to unchecked government power.
The Supremacy Clause was intended to assert the primacy of federal statutes—not to obstruct claims explicitly permitted by Congress. The bipartisan, bicameral brief makes it clear that if the Eleventh Circuit’s interpretation is upheld, it will fundamentally undermine the FTCA’s role in federal accountability, allowing agents to act with impunity and without fear of recourse from innocent citizens.
By overturning the Eleventh Circuit’s decision, the Supreme Court would reinforce the FTCA as Congress intended— empowering Americans to hold federal agents accountable for intentional harms, particularly in cases like these that carry such personal and constitutional significance.
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