“Law enforcement launched 30 tear gas canisters into Amy Hadley’s home, smashed windows, ransacked furniture, destroyed security cameras, and more. The government gave her nothing.
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An Indiana woman whose home sustained severe damage during a police raid set in motion by a faulty investigation is not legally entitled to compensation, a federal court ruled this week, in yet another case that asked what innocent people are owed when the government destroys their property in pursuit of public safety.
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Such suits primarily hinge on one question: Does the Takings Clause of the Fifth Amendment—which promises that the government cannot take private property without providing “just compensation”—apply when the government is exercising its “police power”?
Several federal courts have answered in the negative.
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Cases with similarly situated plaintiffs have worked their way through the courts in recent years. Leo Lech’s $580,000 family home in Greenwood Village, Colorado, was condemned and demolished after police effectively destroyed it while pursuing a suspect who had broken in and barricaded himself inside. The city gave him $5,000. Los Angeles business owner Carlos Pena saw his printing shop and equipment ruined, and his livelihood crippled, in the same scenario: A fugitive, unrelated to Pena, broke in while trying to evade police. The government declined to pay him damages, which exceed $60,000; a ruling on the matter is forthcoming from the U.S. Court of Appeals for the 9th Circuit.”