SWAT Takings and Destruction 

The Institute for Justice is the national leader fighting for the rights of innocent people to receive compensation when the government takes or destroys their property. This often comes in the form of fighting against eminent domain abuse, but a growing trend in recent years has been SWAT teams destroying innocent people’s property and refusing to pay.  

Governments around the country have routinely argued that actions taken under “police powers” are exempt from the Fifth Amendment’s Takings Clause, which requires that the government provide just compensation when it takes someone’s property. But this argument is simply wrong – there is no “police powers” exemption to the Takings Clause. 

This is a particularly pressing issue when you consider that most home insurance plans do not cover “acts of government.” So, when the police destroy innocent people’s property, those individuals are often left paying for the damage. That’s why IJ has filed lawsuits around the country seeking just compensation for the victims of these raids. 

Getting dangerous criminals off the street is a legitimate function of the government, but when it destroys innocent people’s property in that process, it must provide them with compensation. One unlucky person should not be left paying for a public service like this.  

We do this in state and federal courts across the country, including the United States Supreme Court, and at all stages of litigation—from building and bringing our own cases, to taking over appeals, to filing petitions for certiorari.  

What We Do 

We Get Results. 

In July 2020, a fugitive barricaded himself inside Vicki Baker’s McKinney, Texas home while she was out of town. When a neighbor informed her what happened, Vicki called the police who raided the home, causing tens of thousands of dollars in damage. After her insurance company denied coverage, Vicki called the city of McKinney for compensation, but they laughed in her face. In June 2020, a federal jury ruled she was entitled to nearly $60,000 for the damage. 

We Tell Our Clients’ Stories to International Audiences.

IJ’s videos on this issue have been watched by millions of people, helping to shed light on an issue that many people might not realize is so pressing. Additionally, our clients have told their stories to major publications throughout the country, and overseas, including in a primetime feature of two of our clients on CNN.  

We Help in Other Cases.  

While IJ cannot be involved in every case where a SWAT team has destroyed an innocent person’s home, we often find other ways to lend our expertise. For example, we submitted a letter to the city of Austin, Texas, calling on officials to compensate an innocent family, after a SWAT team caused more than $20,000 worth of damage at their home. Additionally, IJ has submitted multiple amicus briefs in other cases, making clear that there is no “police power” exemption” to the Fifth Amendment. 

Carlos Pena stands outside his North Hollywood printing shop, which was destroyed by a LAPD SWAT team in August 2022. The city refused to compensate him for the damage.

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