February 1, 2024

Seeking Just Compensation for an Indiana Mom

Amy Hadley watched a SWAT team ransack her home in pursuit of a suspect who was never there and who had nothing to do with her family. She and IJ are now fighting for the just compensation the Constitution requires.

One Friday afternoon in June 2022, Amy Hadley was away from her South Bend, Indiana home with her daughter, Kayla, when she received a phone call from a neighbor: Amy’s house was surrounded by police. Amy and Kayla rushed home but couldn’t get close. Nearly the entire block was cordoned off by crime scene tape and police officers in SWAT gear. There was no sign of Noah, Amy’s 15-year-old son, who had stayed home with the family kitten to play video games.

Watch the case video!

Amy was flabbergasted. “What’s going on?” she asked an officer. He replied that they were looking for a dangerous suspect and believed he was inside her house. Amy asked who it was and explained that only Noah had been home. The police knew that Amy’s son was inside when they arrived; they also knew that he wasn’t any longer. When they surrounded the house and ordered anyone inside to evacuate, the teen came out with his hands up high. Although the police didn’t suspect him of any crime, they handcuffed him and took him to the station. 

Amy again asked the officer whom they were looking for. He showed a photo of a man known as “J.B.” or “JayBee.” Amy and Kayla said they didn’t know him and had never seen him before—and, thanks to their security cameras, they would have known if a stranger were inside the house.

The police didn’t believe them, just as they hadn’t believed Noah earlier when he tried to explain the same thing. Instead, officers launched dozens of tear gas and flash-bang grenades into the house, shattering windows, blasting holes in walls, flipping furniture, and ransacking the whole house, from attic to basement.

As the Hadleys had insisted, the house was empty; the police had made a big mistake. But no one apologized to Amy or mentioned who would pay for the damage. She retrieved Noah from the police station, and the family was left to clean up the mess alone, sleeping in the driveway until the fumes from the tear gas dissipated. When Amy reached out to both the city and the county asking for compensation, she got a clear “no.”

That response was wrong and unconstitutional. When the government takes private property for a public purpose—law enforcement included—both the U.S. and Indiana Constitutions require that the government give the owner “just compensation.” Amy’s local governments failed her. They left her with thousands of dollars’ worth of damage to shoulder herself and left her house uninhabitable for days. 

That’s why we’ve teamed up with Amy. Courts have repeatedly carved exceptions into constitutional protections against government takings, and this is the latest in a series of IJ cases—including one we argued at the U.S. Supreme Court just last month—designed to ensure that “you break it, you buy it” applies to law enforcement just as it does to any of us.

No innocent person should have to alone pay for services that benefit the public as a whole—especially when the cost is one’s own home.

Marie Miller is an IJ attorney.

Share

Related Case

A Police Raid Wrecked Her Home; Now a South Bend Mom Fights for Compensation

In South Bend, a SWAT team raided the wrong home, leaving a single mom with thousands of dollars in damage not covered by insurance. She is suing for compensation.

Also in this Issue

New Jersey mom Hannah Lovaglio joined with IJ to file a class action lawsuit after learning the state kept her son’s DNA without her knowledge or consent.

Liberty & Law

Does the Fourth Amendment Protect Your DNA?

February 1, 2024

IJ scored a rare victory over judicial immunity after a West Virginia judge personally led a search party through IJ client Matt Gibson’s home.

Liberty & Law

Appeals Court Brings Down Gavel on Wayward Judge

February 1, 2024

Ameal Woods (right) and Jordan Davis (left) scored a major victory when a Texas appeals court ordered $41,680 in seized cash to be returned to them. The state has declined to appeal but continues to delay returning the funds

Liberty & Law

Loss and Win Combine for Perfect Forfeiture Appeal in Texas

February 1, 2024

Liberty & Law

Podcast Tells History of Courts Bulldozing Property Rights

February 1, 2024

Clarence Cocroft II is the proprietor of Mississippi’s first black-owned medical marijuana dispensary, but the state’s advertising ban threatens to nip his young business in the bud.

Liberty & Law

IJ Dispenses Free Speech in Mississippi

February 1, 2024

Leda Mox, a Minnesota resident and lover of all things equestrian, owns a thriving small business providing massage therapy to horses and teaching others her craft.

Liberty & Law

When It Comes to Free Speech, IJ Isn’t Horsing Around

February 1, 2024

Jay Fink provides a niche service, going through clients’ inboxes to flag deceptive spam emails. But now California is demanding he spend years working in unrelated occupations to receive a private investigator license—just to read email.

Liberty & Law

California’s License to Read Belongs in the Junk Folder

February 1, 2024

After IJ secured a major court win for economic liberty on behalf of lactation consultant Mary Jackson, Georgia lawmakers invited IJ to discuss reforming the state’s occupational licensing laws.

Liberty & Law

Turning a Landmark State Supreme Court Decision Into Legislative Reform

February 1, 2024

Liberty & Law

IJ Blazes New Trails for West Coast Cooks

February 1, 2024

Cynthia Fisher owns homes blighted by Ocean Springs.

Liberty & Law

The Evolution of IJ’s Fight Against Eminent Domain Abuse

February 1, 2024

The paralegals of the North Carolina Justice for All Project want to provide both free and paid legal advice to people filling out court-created forms. Yet even though the paralegals are qualified, North Carolina allows only lawyers to provide even the most basic legal advice, on pain of up to 120 days in jail.

Liberty & Law

IJ Takes On the Legal Monopoly in North Carolina

February 1, 2024

Amy Shaw and her family can continue using New Hampshire’s Education Freedom Accounts program to send their children to the school that’s right for them after a court rejected a challenge to the program.

Liberty & Law

IJ Knocks Down Challenge to New Hampshire Choice Program

February 1, 2024

Liberty & Law

IJ Makes Headlines

February 1, 2024

Tyson Timbs in front of the U.S. Supreme Court.

Liberty & Law

Timbs v. Indiana: The Fight Against Excessive Fines Five Years Later

February 1, 2024

Subscribe to get Liberty & Law magazine direct to your mailbox!

Sign up to receive IJ's bimonthly magazine, Liberty & Law, along with breaking news updates about the Institute for Justice's fight to protect the rights of all Americans.