Overview

• The justices unanimously vacated the 11th Circuit’s dismissal and held that the family can pursue claims under the Federal Tort Claims Act.
• In October 2017, an FBI SWAT team led by Special Agent Lawrence Guerra used a flash-bang grenade and held occupants at gunpoint after his personal GPS directed agents to the wrong Atlanta home.
• Justice Neil Gorsuch’s majority opinion ruled that the law-enforcement proviso preserves intentional-tort claims but does not override the FTCA’s discretionary-function exception.
• On remand, the 11th Circuit must assess whether raiding the wrong house falls within the discretionary-function exception and if state law would hold a private person liable under similar circumstances.
• In her concurrence, Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, suggested that routine tactical decisions like relying on personal navigation are unlikely to qualify for discretionary immunity.