NoHo Print Shop Owner Asks Supreme Court to Hear Case Seeking Compensation After SWAT Team Destroyed Shop

WASHINGTON—Today, a Los Angeles small business owner filed a petition asking the United States Supreme Court to hear his case seeking compensation after a SWAT team destroyed his print shop while pursuing a fugitive in 2022. NoHo Printing & Graphics Owner Carlos Pena and his attorneys from the Institute for Justice (IJ) are asking the court to hear the case after the appeals court ruled last November that he was not entitled to compensation for the damage.  

“Sometimes police might need to damage private property in order to get a dangerous criminal off the streets, but when they do so, they must pay just compensation to the innocent property owner,” said IJ Senior Attorney Jeffrey Redfern. “The 5th Amendment requires that the government pay when it takes someone’s property for a public purpose, like getting a criminal off the streets or building a school or bridge.” 

Carlos’ ordeal began in August 2022 when he heard commotion outside his print shop. When Carlos opened the door to see what was going on, the fugitive grabbed him, threw him to the ground, and locked himself inside the shop. Shortly after, U.S. Marshals and a SWAT team from the Los Angeles Police Department arrived on the scene. The SWAT team fired dozens of rounds of tear gas into the building and blasted holes in the doors, windows, and ceiling. After the 13-hour raid, the fugitive somehow managed to escape.  

Meanwhile, most of Carlos’ printers were ruined by the tear gas, and he has been forced to operate out of his garage, using just one printer. He estimates the raid cost him tens of thousands of dollars between the damage and lost profits.  

“I know the police had to get this guy off the streets, but I shouldn’t be forced to pay for the damage to my business when I didn’t do anything wrong,” said Carlos. “I’m asking the Supreme Court to hear my case so nobody else is left in the same situation I was put in.”  

Last year, IJ asked the Supreme Court to hear a similar case on behalf of a woman whose Texas home was destroyed by a SWAT team. While the court didn’t hear that case, Justice Sonia Sotomayor, joined by Justice Neil Gorsuch, wrote a statement saying that lower courts should continue to grapple with the issue and that the Supreme Court may have to take the question up in the future. 

“We’re hopeful that this new petition presents an opportunity for the court to address this issue, as Justices Gorsuch and Sotomayor said they may eventually need to,” said IJ Attorney Suranjan Sen.     

In addition to Carlos’ case, IJ is also asking the Supreme Court to hear the case of an innocent Indiana mother whose home was damaged by a SWAT team during a June 2022 raid.