A Long Deployment Ends
The USS Ford received a hero's welcome upon its return after a 334-day deployment. The sailors had been away from their families for nearly a year. The deployment included two conflicts, a fire, and sewage system problems.
SWAT Team's Aftermath
Vicki Baker, an innocent woman from McKinney, Texas, received confirmation today from the U.S. Court of Appeals for the 5th Circuit that she will be compensated for the destruction of her home. A SWAT team destroyed Baker's house almost six years ago while pursuing a fugitive. The fugitive had barricaded himself inside.
Daughter's Help Thwarted
Deanna Cook, Baker's daughter, gave officers a key to the home, a garage door opener, and the back gate code prior to the SWAT showdown. Agents instead smashed six windows. They maneuvered a BearCat armored vehicle through her fencing instead of using the code. Instead of using the clicker, they detonated explosives to blow off the garage entryway. Instead of using the key, they drove through her front door.
Insurance Denied Claim
Baker's insurance declined to cover the damage because it was caused by the government. The government argued that it was not responsible. "I've lost everything," Baker said over five years ago. "I've lost my chance to sell my house. I've lost my chance to retire without fear of how I'm going to make my regular bills."
Legal Battles and Fifth Amendment
The government argued that the Takings Clause of the Fifth Amendment, which promises "just compensation" when private property is usurped for public use, did not apply. They argued that community safety is a public benefit. Some municipalities have argued that the constitutional pledge is not absolute, particularly when property is destroyed in the exercise of police powers.
A Rare Win After Years
Baker filed suit in March 2021 after the government refused to pay her. The city tried to stop her from suing, but a federal judge declined to dismiss the case. A jury awarded her about $60,000 in 2022. In 2023, the 5th Circuit reversed the decision, ruling that police acted by "necessity during an active emergency."
Supreme Court Rejection
The Supreme Court rejected Baker's appeal in 2024. Last year, the U.S. District Court for the Eastern District of Texas affirmed that she could recover damages under the Texas Constitution, awarding her $60,000 plus interest. The government appealed, leading to today's confirmation.
Payout Finally Coming
Baker, who is in her 80s, will finally receive her payout. The USS Ford's sailors are home, while Baker's six-year fight highlights the challenges faced by individuals seeking justice against government actions.
