ATLANTA (CN) — The 11th Circuit was asked Wednesday to decide whether an FBI agent violated the Fourth Amendment when he led a raid into the wrong home, detonated a flash-bang grenade and held an innocent family at gunpoint at 5 a.m.
It marks the second time the botched raid case has come before the federal appeals court, after the Supreme Court last year asked it to reexamine whether the family’s negligence or intentional tort claims can proceed.
The justices specifically tasked the circuit judges with deciding whether those claims are barred by a “discretionary function exception,” which reinstates federal officers’ sovereign immunity when the claim is based on an officer’s discretion…