Sovereign Immunity and the FTCA

In 1973, federal narcotics agents raided a pair of homes in Collinsville, Illinois by mistake. They didn’t find any drugs, but they did terrorize two innocent families. The incident sparked nationwide outrage, and in response Congress passed legislation crafting a legal remedy for victims of federal law enforcement abuses. Over the years, however, lower courts have chipped away at the law to the point where it has essentially been repealed: Last year, a federal appeals court rejected claims from an innocent family, the Martin family, who were held at gunpoint after the FBI mistakenly raided their home in Atlanta. Fortunately, next week, on April 29, 2025, the Supreme Court will hold oral argument in Martin v. United States, and IJ will urge the justices to reverse course.  

On this episode, we explore the Federal Tort Claims Act, which was originally enacted in 1946 and then amended in 1974, to create a remedy for wrongful acts by government officials. We feature guests who worked on getting the 1974 amendment, called the law-enforcement proviso, passed into law.

Click here for episode transcript.

Martin v. United States (Eleventh Circuit opinion)