SHERMAN, Texas—Today, a federal judge ruled that Vicki Baker is entitled to $59,656.59 in damages, plus interest, after a SWAT team destroyed her McKinney, Texas, home while pursuing a fleeing fugitive in July 2020. Today’s decision is grounded in the Texas Constitution and comes after the Supreme Court declined last fall to consider whether Vicki’s lawsuit could be pursued under the United States constitution. The ruling likely cements a victory for Vicki, who joined forces with the Institute for Justice (IJ) to file a lawsuit in March 2021, after the city refused to pay for the damage that had been caused.
“I’ve just learned that my battle with the City of McKinney, is coming to an end,” said Vicki. “Judge Mazzant has, once again, ruled that I am due just compensation under the Texas Constitution. I am thrilled with the tireless work of my attorney, Jeff Redfern, and his amazing team at the Institute for Justice for championing this cause!”
“It took five years, but Vicki is finally going to be made whole,” added IJ Senior Attorney Jeffrey Redfern. “She’s fortunate that Texas has such strong protections for private property rights, but people in much of the rest of the country aren’t so lucky. We will continue fighting to secure the same rights for all Americans under the U.S. Constitution, nationwide.”
This saga began in July 2020, when a fugitive hid out in Vicki’s house while she was not home. When Vicki’s daughter informed the police that the fugitive was in Vicki’s home, they arrived on the scene and a standoff ensued. Vicki’s fence was knocked down, doors were smashed and windows were shattered with tear gas canisters. Vicki’s insurance company refused to pay for the damage caused by the government, and the city of McKinney refused to pay as well.
The Institute for Justice is continuing to fight for compensation for property owners who suffered damage from SWAT teams in California, Indiana, and North Carolina. IJ is also waiting for the Supreme Court to decide Martin v. United States, a case brought by a family who was not compensated after an FBI SWAT team wrongly raided their home.
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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at [email protected] or (850) 376-4110. More information on the case is available at: https://ij.org/case/texas-swat-destruction/