Government officials believe they can destroy your home and stick you with the bill.
But one brave homeowner proved them wrong after a five-year legal battle.
And a Texas woman went to hell and back after a SWAT team made this awful mistake.
SWAT team destroys innocent woman’s home in pursuit of fugitive
Vicki Baker thought she had escaped the worst chapter of her life when she beat cancer and moved to Montana in July 2020.
The McKinney, Texas resident was in the process of selling her home when her American dream turned into a nightmare.
Wesley Little kidnapped a 15-year-old girl and fled from police before taking refuge in Baker’s empty house.
Police surrounded the home and Little eventually released the teenager.
But the kidnapper refused to surrender to authorities.
That’s when the McKinney SWAT team decided to turn Baker’s home into a war zone.
Officers launched a barrage of tear gas canisters at the house.
They raided the empty home by shattering windows and punching holes in the wall.
Police discovered that Little had killed himself after they entered the house.
Baker’s daughter’s Chihuahua was still in the home during raid.
The poor animal was left blind, deaf, and sick from the tear gas and explosions.
The dog eventually had to be put down because of the injuries it sustained during the SWAT team’s rampage.
A hazmat crew had to dispose of almost everything inside the house because it was saturated with a toxic film from the tear gas.
City refuses to pay for $50,000 in damage
The SWAT team bulldozed Baker’s fence, broke windows, blasted holes in the walls, and filled her home with tear gas.
Damage to the home totaled at least $50,000, according to Baker and her attorneys at the nonprofit civil liberties law firm Institute for Justice.
But Baker’s insurance company refused to cover the bulk of the damage.
Like most insurance policies, hers excluded damage caused by the government.
Baker tried to file a property damage claim with the city of McKinney for the destruction.
But city officials refused to pay, citing qualified immunity.
Qualified immunity is a legal doctrine often used to shield police and other government agencies from being sued for violating people’s rights or destroying property during the course of their work.
Essentially, the city told Baker that taxpayers shouldn’t have to pay for the collateral damage when police destroy private property while chasing criminals.
"I’ve continued fighting this long, because if this can happen to me, it can happen to anyone," Baker told Fox News Digital in an emailed statement. "This case has always been about more than the money for me. I want to see real change."
Federal judge delivers justice for homeowner
The Institute for Justice sued under the Fifth Amendment and the Texas Constitution.
They argued that police may have been authorized to seize Baker’s home in the interest of pursuing a dangerous fugitive.
But the government should have to pay Baker just like they would if officials seized a home to build a road or other infrastructure.
A prolonged legal battle followed Baker’s lawsuit.
One federal judge ruled in 2022 that Baker should be compensated and a jury awarded her nearly $60,000 in damages.
But the following year, the 5th Circuit Court of Appeals reversed her Fifth Amendment victory.
The U.S. Supreme Court declined to hear the case last year.
However, Justices Sonia Sotomayor and Neil Gorsuch acknowledged the high court has yet to address whether the government can require individuals to bear the cost of police actions.
Last week, a U.S. district court judge ruled again that Baker is entitled to $59,656.59 plus interest under the Texas Constitution.
"This ruling makes it clear that the Texas Constitution’s promise of just compensation applies when police destroy innocent people’s property, and that this entire lawsuit could have been avoided if the city simply did the right thing in the first place," IJ attorney Jeffrey Redfern, who represented Baker, said in an emailed statement to Fox News Digital.
McKinney considers appeal despite clear ruling
The City of McKinney confirmed to Fox News Digital that it is "evaluating its options for appealing this ruling."
City officials previously offered to pay the full amount of the damage to settle the case.
But Baker’s legal team refused to settle unless the city also changed its policies to protect all homeowners from similar destruction in the future.
"I want to make sure that cities around the country are doing the right thing and paying just compensation to people in similar situations," Baker said.
Redfern said he hopes the Supreme Court will hear a case similar to Baker’s in the future.
The goal is to "ensure that the United States Constitution also protects innocent property owners in cases like this."
This case sends a clear message to police departments across America.
Government officials can’t destroy private property and then hide behind qualified immunity when it’s time to pay the bill.
Baker’s five-year fight proves that standing up to government overreach can pay off.
And her victory could pave the way for other innocent property owners who have had their homes destroyed by overzealous law enforcement.
