The Supreme Court is considering reviving a lawsuit filed by a suburban Atlanta family, who were mistakenly held at gunpoint during an erroneous FBI raid in 2017. Justices, both conservative and liberal, appear inclined to return the case to a federal appeals court that previously halted the lawsuit, suggesting a potential narrow victory for the family. The crux of the matter is whether the family can sue the government for damages, as federal law typically bars such suits when employees exercise discretion. The Justice Department argues that agents had to make discretionary decisions involving policy considerations, a claim met with skepticism from several justices. The court seems inclined to focus on the specifics of this case without setting a broader precedent that might increase litigation against the federal government.

In 2017, Curtrina Martin, her partner, and their 7-year-old son were awoken by a SWAT team mistakenly raiding their home, believing it was the residence of a gang member.

The Supreme Court is evaluating whether the family can sue the government for damages under a 1974 law that allows Americans to sue federal law enforcement for such errors.

The government contends that federal employees are protected from lawsuits when exercising discretion, arguing that the agents had to make critical policy decisions regarding the raid.

Justices, including Neil Gorsuch and Sonia Sotomayor, expressed skepticism over the idea that mistakenly raiding the wrong house could be considered a discretionary act.

While the court seems prepared to send the case back to the 11th Circuit Court of Appeals, it remains uncertain if they will embrace broader arguments that may lead to increased federal litigation.

Patrick Jaicomo, representing Martin, argued that the agents had no discretion to raid the wrong house, emphasizing that the preparation doesn't negate the wrongful outcome.

Justice Neil Gorsuch questioned the lack of basic verification by the FBI, such as checking the street sign, highlighting the apparent oversight in executing the raid.