
一家联邦上诉法院裁定,亚特兰大的一户家庭无法就联邦调查局(FBI)于2017年误闯其住宅一事,将美国政府告上法庭。
A federal appeals court has ruled that an Atlanta family cannot take the federal government to trial for a mistaken FBI raid on their home in 2017.
苏丁·塔纳瓦拉,亚特兰大报道——一家联邦上诉法院周三裁定,亚特兰大的一户家庭无法就联邦调查局(FBI)于2017年误闯其住宅一事将美国政府告上法庭,但他们可以追究当时率领特警队(SWAT)的探员责任。
SUDHIN THANAWALA ATLANTA — An Atlanta family cannot take the federal government to trial for a mistaken FBI raid on their home in 2017, but they can seek to hold the agent who led the SWAT team liable, a federal appeals court ruled Wednesday.
2017年10月18日黎明前,FBI探员强行闯入特里娜·马丁位于亚特兰大的住宅前门,冲入她的卧室,用枪指着她和当时的男友,而她的7岁儿子则在另一间屋里尖叫着呼唤妈妈。
FBI agents broke down the front door of Trina Martin’s Atlanta home before dawn on Oct. 18, 2017, stormed into her bedroom and pointed guns at her and her then-boyfriend as her 7-year-old son screamed for his mom from another room.
探员们很快意识到自己找错了房子并离开,但马丁和当时的男友托伊·克利特表示,他们因此留下了心理创伤,并起诉了政府及这名探员。去年,美国最高法院重启了他们的诉讼。
The agents quickly realized they had the wrong house and left, but Martin and her boyfriend at the time, Toi Cliatt, said they were left traumatized, and they sued the government and the agent. The U.S. Supreme Court revived their lawsuit last year.
美国第11巡回上诉法院的一个三人法官小组周三表示,根据一项允许就误闯住宅提起诉讼的联邦法律例外条款,政府免于承担责任。但该小组推翻了此前给予该探员豁免权的裁决。
A three-judge panel of the 11th U.S. Circuit Court of Appeals said Wednesday the government was shielded from liability under an exception to a federal law that allows lawsuits over wrong-house raids. But the panel reversed a decision that gave the agent immunity.
法官们表示:“以最有利于原告的方式审视证据,一个合理的陪审团可以公正地得出结论”,即该探员“未能采取合理努力避免错误,因此侵犯了原告的宪法权利”。
“Viewing the evidence in the light most favorable to the plaintiffs, a reasonable jury could fairly conclude” that the agent had “failed to engage in reasonable efforts to avoid error, and therefore, violated the plaintiffs’ constitutional rights,” the judges said.
FBI亚特兰大办公室发言人珍娜·塞利托表示,该机构不对人事事务发表评论。
Jenna Sellitto, a spokeswoman for the FBI’s Atlanta office, said the agency does not comment on personnel matters.
此次突袭行动后,FBI团队迅速道歉并前往正确的地点。团队负责人后来表示,他的个人GPS设备将他引到了错误的地址。当时FBI正在寻找几户之隔的一名疑似帮派成员。
The FBI team quickly apologized after the raid and left for the right place, with the team leader later saying that his personal GPS device had led him to the wrong address. The FBI was looking for a suspected gang member a few houses away.
马丁和克利特的诉讼指控探员实施了殴打、非法拘捕及其他违法行为。
Martin and Cliatt’s lawsuit accused the agents of assault and battery, false arrest and other violations.
他们的律师帕特里克·贾科莫在电话采访中表示,他的当事人对周三的裁决感到满意。
Their attorney, Patrick Jaicomo, said in a phone interview his clients felt good about Wednesday’s ruling.
他表示,关于该代理人豁免权的裁决显然是一次胜利,但政府方胜诉的判决也令人充满希望。
The decision on immunity for the agent was a clear win, but there was also reason to be hopeful about the ruling in favor of the government, he said.
该裁决依据的是第11巡回上诉法院的先例,法官们还分别撰写意见,敦促整个上诉法院重新审视这些早期的判决。位于弗吉尼亚州阿灵顿的非营利组织“正义研究所”的高级律师贾科莫表示,他计划推动这一重新审理,这意味着他的客户最终也可能有机会将政府告上法庭。
That decision was based on 11th Circuit precedent, and the judges wrote separately to encourage the full appeals court to revisit those earlier decisions. Jaicomo, senior attorney with the nonprofit Institute for Justice in Arlington, Virginia, said he plans to seek that review, opening up the possibility that his clients could eventually be allowed to take the government to trial as well.