A federal judge has ruled that the city of McKinney must pay a former resident nearly $60,000 in damages after a SWAT team damaged her home while pursuing a fugitive in 2020.
The ruling ends a five-year battle between Vicki Baker and the city.
In July 2020, a man kidnapped a 15-year-old girl, fled from police and hid on Baker’s property, according to court documents. Officers tried to draw out the man by launching tear gas grenades into the home, detonating explosives and bulldozing a fence.
The actions by the police caused extensive damage to Baker’s house and property. A district court found that the explosions left her dog permanently blind and deaf. Toxic gas in the home required a hazmat remediation team, appliances were destroyed, and nearly all of Baker’s personal property were destroyed, according to court documents.
Baker’s insurance refused to cover the damage caused by police, and the city denied Baker’s claim for property damage. She sued McKinney and a jury awarded her nearly $60,000. But an appellate court reversed the district court decision, arguing that because it was “objectively necessary” for police to destroy the home, Baker is not entitled to compensation.
Baker then took the case to the U.S. Supreme Court, which declined to hear the case. But Justices Sonia Sotomayor and Neil Gorsuch released a statement on the decision, acknowledging that the court has yet to address whether the government, in carrying out police powers, can require individuals to bear that public burden.
“Had McKinney razed Baker’s home to build a public park, Baker undoubtedly would be entitled to compensation,” the justices’ statement reads. “Here, the McKinney police destroyed Baker’s home for a different public benefit … Under the Fifth Circuit’s decision, Baker alone must bear the cost.”
Last week, a U.S. district court judge ruled once again that Baker is entitled to nearly $60,000 in damages from the city under the Texas Constitution.
Baker worked with the nonprofit Institute for Justice’s Attorney Jeffrey Redfern to file the lawsuit.
“Vicki is finally going to be made whole,” Redfern said in a statement. “She’s fortunate that Texas has such strong protections for private property rights ... We will continue fighting to secure the same rights for all Americans.”
McKinney previously offered to compensate Baker.
“She said she’ll only settle the case if they also agree to adopt a policy to ensure this doesn’t happen to anyone else in the future,” Redfern said last fall. “The city wouldn’t do that.”
In a statement, the city of McKinney said it is evaluating its options.