Appeals Court Upholds Ruling That City Must Compensate Innocent Woman After SWAT Team Destroyed Her Home

NEW ORLEANS—Today, the 5th U.S. Circuit Court of Appeals upheld a lower court decision that ruled the city of McKinney, Texas, must pay compensation to an innocent woman after a SWAT team destroyed her home in July 2020. The ruling comes a mere two months after Vicki Baker’s attorneys from the Institute for Justice (IJ) argued this case before the 5th Circuit.

“This opinion is a strong rebuke of the city’s argument that it can avoid paying innocent people when law enforcement destroys their property,” said IJ Senior Attorney Jeffrey Redfern. “The Texas Constitution makes it clear that if the government damages private property for a public good, such as getting a fugitive off the streets, the government must bear that cost, not the unlucky property owner.”

The raid occurred in July 2020, when McKinney Police were pursuing a fugitive who had kidnapped a girl, broken into Vicki’s home while she was not there, and barricaded himself inside. When the SWAT team arrived on the scene, they ran over Vicki’s fence with an armored vehicle, launched tear gas grenades through the windows, and blasted down the doors. Vicki estimated the total damage to the property at $60,000.

“This has been a long and hard process, so I’m thrilled that the appeals court sided with me and that I’m one step closer to putting this whole legal fight behind me,” said Vicki. “I understand that the police had to get this guy off the streets but the fact that the city refused to pay for the damage was not fair. I hope this sends a message to all cities in Texas that innocent people should not be forced to pay when this sort of thing happens.”

Vicki and IJ first filed this case in March 2021, bringing claims under both the United States and Texas Constitutions. In 2022, a federal jury ruled that Vicki was entitled to nearly $60,000 under the United States Constitution. That ruling was ultimately overturned by the Fifth Circuit, but in that opinion, the court specifically said it was not expressing an opinion on whether Vicki was entitled to damages under the Texas Constitution.

Last June, the United States District Court for the Eastern District of Texas ruled Vicki was entitled to $60,000 plus interest under the Texas Constitution. Today’s opinion by the Fifth Circuit upholds that victory for Vicki.