Atlanta family can sue FBI agent over wrong-house raid, court rules
Toi, Gabe and Trina (Credit: Institute of Justice)
ATLANTA - An Atlanta family whose home was mistakenly raided by an FBI SWAT team can move forward with a lawsuit against the agent who led the operation, a federal appeals court ruled Wednesday.
What we know:
The ruling gives Curtrina "Trina" Martin, Hilliard Toi Cliatt and Martin’s son a partial victory. The 11th U.S. Circuit Court of Appeals allowed their constitutional claim against FBI Agent Lawrence Guerra to proceed but kept their claims against the federal government dismissed.
All three judges urged the full appeals court to reconsider the precedent that protected the government. The ruling does not award damages or determine whether Guerra is liable.
What happened during the raid?
The backstory:
Around 5 a.m. on Oct. 18, 2017, FBI agents broke down the family’s front door on Denville Trace and set off a flash-bang grenade. They were supposed to search a suspected gang member’s home three houses away, on a different street.
Martin and Cliatt took shelter in a bedroom closet. Agents pulled Cliatt onto the floor and handcuffed him while Martin’s 7-year-old son was frightened in another room.
Agents realized their mistake after noticing Cliatt did not match the suspect’s photographs and confirming the family’s address.
Why the claim against the agent can proceed
What they're saying:
The court said a jury could find Guerra failed to take reasonable steps to identify the correct home, violating the family’s Fourth Amendment rights.
Judges pointed to conflicting accounts of Guerra’s preparations for the raid and cellphone location records that did not support parts of his testimony.
Guerra blamed his personal GPS for directing him to the wrong house, but he discarded the device shortly after the raid.
The court said that evidence should have been considered in the family’s favor when deciding whether the claim could proceed. A jury has not resolved those disputed facts.
Why the government claims were dismissed
The family also sued the United States under the Federal Tort Claims Act, which allows some lawsuits against the government but protects certain decisions involving official discretion.
The panel said existing circuit precedent required it to dismiss those claims. However, all three judges joined a separate opinion criticizing that precedent and urging the full court to reconsider it.
They argued that deliberate policy decisions should be treated differently from careless mistakes during an operation.
Family responds
"Our fight for justice is far from over, but this decision is another solid step forward," Martin said in a statement. "The raid on our home was a life-threatening mistake, it never should have happened, and the government needs to be held accountable."
Back to district court
What's next:
The claim against Guerra returns to the district court for further proceedings.
The Institute for Justice, which represents the family, plans to ask the full appeals court to reconsider the dismissal of the government claims.
The latest ruling follows a 2025 Supreme Court decision that revived the case and ordered the appeals court to review it again.
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