Same as above but a different state.
Fifth Circuit Declines to Rehear Innocent Woman’s Case Seeking Compensation After SWAT Team Destroyed House; Woman Will Petition Supreme Court
NEW ORLEANS—On Wednesday, the full 5th U.S. Circuit Court of Appeals
declined to rehear the case of an innocent woman who is seeking compensation after a SWAT team destroyed her McKinney, Texas home while pursuing a fugitive in 2020. Vicki Baker, represented by the Institute for Justice (IJ), will now file a petition with the United States Supreme Court, asking the justices to hear her case.
“The decision not to rehear Vicki’s case is certainly disappointing, but the fact that some judges dissented provides a platform to continue fighting for her constitutional rights,” said IJ Attorney Jeff Redfern. “The Fifth Amendment requires the government to provide just compensation when it destroys private property for a public purpose, as the SWAT team did when it destroyed Vicki’s home to get a fugitive off the streets.”
In Wednesday’s decision, 11 judges denied Vicki’s attempt to have her case reheard, while 6 judges voted in favor of rehearing her case.
“There is no doubt the McKinney community was better off because its officers ravaged Baker’s home. But it is at least peculiar to say that because the officers’ conduct benefited the community, the community can avoid compensating Baker for the inconveniences she incurred on its behalf,” wrote the dissenting judges. “Thus, it should have been the City’s burden to establish its conduct was excepted from the strictures of the just compensation requirement.”
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NEW ORLEANS—On Wednesday, the full 5th U.S. Circuit Court of Appeals declined to rehear the case of an innocent woman who is seeking compensation after […]
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