Carlos Peña had served the people of North Hollywood for thirty years, designing signs, banners, and clothing for grateful customers throughout the neighborhood.
But on August 3, 2022, his humble printing shop was decimated by a bombardment of grenades that tore through its walls, windows and ceilings.
The father of two had been caught in the middle of a police chase for a dangerous fugitive, who had barricaded himself in Peña’s store.
Now, the unfortunate businessman was left to foot the bill for $60,000 in repairs after insurers and the city refused to pay.
And he is not alone.
Carlos Peña watched in horror as his printing shop in North Hollywood was destroyed by a barrage of grenades thrown by a SWAT team in pursuit of a dangerous fugitive.
Amy Hadley had her home in South Bend, Indiana, razed by police in a desperate search for a murder suspect who wasn’t even there.
As unfortunate as it may be, American owners are caught in the crossfire of destructive SWAT raids every two weeks, according to Peña’s attorney, Jeffrey Redfern.
Just months before Peña’s store was raided, Amy Hadley had police raid her home in South Bend, Indiana, in a desperate search for a murder suspect who wasn’t even there.
In August of last year, Austin police caused $23,000 worth of damage to the home of Glen and Mindy Shield, an innocent couple, after they raided the wrong property.
And Mollie Slaybaugh was left with $70,000 in repairs after a SWAT team stormed her home with dozens of tear gas canisters during a chase.
Some of these properties should never have been raided.
In other cases, there has been a clear public interest in apprehending a dangerous criminal.
But in neither of them is it right to let innocent bystanders foot the bill.
However, insurers say this is what is happening across the United States, because acts of government are not covered by their policies, while city authorities can claim immunity from damages.
However, that could all change if Vicki Baker wins a landmark case that will reach the Supreme Court in the fall.
Baker’s property, valued at $300,000, was destroyed in July 2020 after a SWAT team stormed his home, lobbing tear gas grenades through windows, breaking down doors and leveling a fence with an armored vehicle in pursuit. of the fugitive Wesley Little.
The 79-year-old did not live in the McKinney, Texas, home but spent a year preparing it to sell.
He had even found a buyer, who predictably backed out after the raid left the house a mess.
Little committed suicide in the master bedroom.
Vicki Baker’s $300,000 property was destroyed after a SWAT team fired tear gas grenades into her home and leveled a fence with an armored vehicle in pursuit of a criminal.
Baker, who lives in Lakeside, Montana, remembers one of his first conversations with a city official, who told him he “wouldn’t see a dime” if he tried to claim compensation.
Those words were still ringing in his ears on June 22, 2022, when a federal jury ruled that he was entitled to $60,000 in damages.
It came after U.S. District Court Judge Amos Mazzant III rejected the city’s argument that police action should be exempt from the requirement that the government pay for the property it destroys.
Redfern, a lawyer at the Institute of Justice (IJ), described the decision as a “radical change in the law”.
“Everyone agrees with the general proposition that the government has to pay for the properties it acquires,” he said.
‘But courts across the country had held that this rule simply did not apply to police. But the police are part of the government, which this victory makes very clear.’
Baker was able to win his case because Texas is one of only two states in the country, along with Minnesota, that hold this type of damage compensable.
Redfern said the fact that these states have had these rulings on their books for decades without them adding any discernible strain to municipal budgets shows that cities can afford to pay.
Having won Baker’s case at the state level, it is now being fought in federal courts, where an IJ victory could pave the way for similar relief for other unfortunate homeowners.
Grim images of Baker’s home after July 2020 raid show blood-stained hallways
For now, however, hard-working citizens like Peña, for the most part, move forward with their lives still shattered.
Unable to afford the costly repairs, he was forced to work out of his garage, resulting in a loss of income of more than $120,000.
He is in the process of selling his house.
Earlier this year, the U.S. District Court for the Central District of California ruled that he was not entitled to compensation, a decision the justice judge is appealing.
Peña recognizes that the police were doing their job, but he does not understand why he has to suffer for it.
“I’m not to blame,” he adds. ‘I shouldn’t have to pay for it. It’s ridiculous. They (insurers and the city) simply wash their hands.
“They practically destroyed me. Thirty years in business and everything went to hell.