The key issue before the justices is under what circumstances people can sue the federal government in an effort to hold law enforcement accountable. Martin’s attorneys say Congress clearly allowed for those lawsuits in 1974, after a pair of law enforcement raids on wrong houses made headlines, and blocking them would leave little recourse for families like her.
FBI Atlanta spokesperson Tony Thomas said in an email the agency can’t comment on pending litigation. But lawyers for the government argued in Martin’s case that courts shouldn’t be “second-guessing” law enforcement decisions. The FBI agents did advance work and tried to find the right house, making this raid fundamentally different from the no-knock, warrantless raids that led Congress to act in the 1970s, the Justice Department said in court filings starting under the Biden administration.
Inherent to the term “second-guessing” is that the action has already taken place and thus no one is stalled.