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In a unanimous decision rendered on June 12, 2025, the U.S. Supreme Court reversed and remanded the Eleventh U.S. Circuit Court of Appeals’ dismissal of a Federal Tort Claims Act (FTCA) suit filed by an Atlanta family against the government, stemming from a wrong-house raid in 2017.
Attorney Sean P. Griffin’s article examines the Supreme Court’s recent ruling on wrong-house raids and its potential consequences for lawsuits against Wisconsin local governments. The article also analyzes how Martin v. United States might affect governmental immunity laws in Wisconsin.
This case originated from a 2017 FBI raid in suburban Atlanta, wherein a SWAT team broke down the door and set off a flashbang in the home of Hilliard Cliatt and Curtrina Martin, rather than doing so as intended at the suspected gang hideout a block and a half away. The FBI attributed this error to an agent’s failure to verify the address during the raid and the agent using their personal GPS device. Consequently, the family initiated legal action against the United States under the FTCA, seeking damages for personal injuries and property loss.
The Supreme Court vacated the Eleventh Circuit’s judgment and remanded the case. The lower court is now tasked with re-evaluating the matter. Specifically, they are tasked with determining whether the officers’ actions are shielded by the discretionary-function exception of the FTCA and, if not, assessing governmental liability under Georgia state law.
Crucially, the entirety of this decision constitutes an interpretation of the FTCA. The FTCA is a federal statute that serves as a specific waiver of sovereign immunity solely for the United States federal government and its agents. It does not directly apply to the State of Wisconsin or the actions of Wisconsin’s municipalities or their agents.
Claims brought against a Wisconsin municipality, such as a city police department, a county sheriff’s office, or any other local government agency, are governed by Wisconsin state law, not the FTCA. Wisconsin’s own statutes and legal precedents dictate the extent to which local government entities are immune from legal action.
Generally, Wisconsin governmental bodies are immune from tort liability for the discretionary acts of their employees—those involving judgment and choice. While exceptions to this immunity exist, such as for ministerial duties (acts performed without discretion) or known and compelling dangers, these rules are grounded in Wisconsin’s constitution, statutes, and case law, not derived from the FTCA.
Given that the Supreme Court’s holding in Martin is strictly confined to the federal government’s waiver of immunity under the FTCA, it establishes no new precedent for interpreting Wisconsin’s distinct legal framework for governmental immunity. The ruling could, however, serve as persuasive authority for litigants seeking to reshape Wisconsin’s sovereign immunity doctrine.
