Every other movie from Hollywood in the 2020s is a superhero movie about people in costumed uniforms fighting bad guys while cities burn around them. However, every once in a while there a movie like Captain America 3: Civil War that looks at the impact all that destruction has on ordinary people. What if that kind of destruction and emotional impact were real though? Of course, there isn’t a real life Ironman or Captain America, but ordinary police officers can sometimes cause as much property destruction as in a superhero movie. Who compensates innocent property owners when that occurs?
In July 2020, Wesley Little, a fugitive fleeing the police, took a fifteen year old girl hostage in McKinney, TX. The fugitive barricaded himself inside a home with a “for sale” sign in front of it. The home at issue belonged to Vicki Baker, who was out of town at the time but was under contract to sell it. Little released his hostage on his own accord, who reported to the police that Little was high on drugs, but planned to engage in a shoot-out to the death with police.
A SWAT team fired tear-gas grenades into the house. When that did not compel Little to come out, the SWAT team ran over fences with armored vehicles and set off explosives to breach the front entrance. They found Little still inside, but he had already committed suicide.
The raid caused tens of thousands in property damage, and the buyer of the house backed out of the deal. The damage included the destruction of the ceiling fans, windows, blinds, fences, front door, garage door, and all personal property inside the home, including an antique doll collection left to Baker by her mother. The explosions also left Baker’s dog permanently blind and deaf.
Baker’s Journey Through the Federal Court System
Baker’s insurance plan did not cover “acts of the government.” The City of McKinney also refused to compensate her for her loss, citing government immunity. Baker filed suit in March 2021 against the City for unjustly destroying her private property without compensation. The trial court ruled that the City could be liable for the taking under both the federal and state constitutions. A jury determined she was owed nearly $60,000 in damages. However, the City appealed the decision and an appellate court panel overturned the decision in October 2023. The full appeals court voted 11-6 to affirm the appellate panel’s decision.
The United States Supreme Court declined to hear the case when the petition was filed at the end of 2024. Justices Sotomayor and Neil Gorsuch wrote that they would have considered the case, as it would answer whether the Takings Clause of the Federal Constitution permits the government to destroy private property without paying just compensation, as long as the government had no choice but to do so.
If the City “had razed Baker’s home to build a public park, Baker undoubtedly would be entitled to compensation. Here, the McKinney police destroyed Baker’s home for a different public use: to protect local residents and themselves from an armed and dangerous individual. Under the Fifth Circuit’s decision, Baker alone must bear the cost of that public benefit.”
Law Enforcement Might Act With Restraint if Local Governments Have to Pay For Their Recklessness
Justice Sotomayor takes no issue with the police acting the way they did because they were protecting local residents and themselves from an armed Little who had taken a minor as a hostage. However, the police caused significant damage to Baker’s property without any restraint or consideration. They set off enough explosions to permanently blind and deafen a dog. Although Little was armed, he was also severally outnumbered and holed up in the attic. The police could have simply broken down the doors with a battering ram. The situation was so hopeless for Little that he took his own life instead of confronting the police. If the police had shown even a little restraint, they could have spared Baker from five-figures in property damage.
To be sure, the police did not cause this situation. However, there have been many other instances where police did force their way into the wrong home, arrest the wrong people, or even killed innocents. Police officers, as government agents, need to understand that law enforcement is not the same as warfare and they shouldn’t act like soldiers. If the cities that employ police officers have to pay the bills for the wanton death or destruction that may arise because of their conduct, perhaps police will conduct themselves accordingly.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.