NE Wyoming News

Today, a group of lawmakers filed an amicus brief in support of Fourth Amendment rights in the case of Martin v United States. The filing challenges the U.S. government under the Federal Tort Claims Act (FTCA) for a wrongful raid conducted by the FBI.

Congresswoman Harriet Hageman, along with Senators Cynthia Lummis, Rand Paul, Ron Wyden, and Representatives Dan Bishop, Thomas Massie, and Nikema Williams participated in submitting the brief. Representative Hageman commented on the case stating: “When the government infringes upon a citizen’s Constitutional rights there must be methods of redress for those who were wronged. The FBI clearly violated the Fourth Amendment rights of Ms. Martin and her family, and it is critically important that they have legal redress.”

The incident dates back to 2017 when FBI agents mistakenly raided Curtrina Martin's home during an anti-gang operation. The agents used a flash grenade and broke down the door before realizing their error. Following this incident, Ms. Martin sought redress under the FTCA for alleged violation of her Fourth Amendment rights.

Hageman emphasized that "Courts have no right to ignore those protections in order to arbitrarily grant immunity to the FBI," asserting that accountability is necessary for actions like these.

The FTCA was established in 1946 to allow U.S. citizens to sue the federal government for torts committed by its representatives. It was expanded in response to wrongful drug raids on innocent individuals in the 1970s.

Ms. Martin's claims were dismissed by the 11th Circuit based on what has been described as a faulty application of the Constitution’s Supremacy Clause. Critics argue that if this decision stands, it could undermine not only Martin's case but also weaken broader accountability measures provided by the FTCA.