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And then the court dropped the gavel – the 9th U.S. Circuit Court of Appeals said the Johnson family can’t sue over a botched FBI raid.
In July 2024 the appeals court in Washington, D.C. ruled the family of Mark Johnson, whose Denver home was raided on Oct. 12, 2022, lacks standing to bring a civil action against the federal government for alleged constitutional violations.
Not what we expected. The raid, later admitted by the FBI as a case of mistaken identity, resulted in seized electronics, a two‑day lockdown, and a $15,000 fine that was later rescinded.
Because the United States claims sovereign immunity, the judges held that any claim for damages must first be approved by the Department of Justice, a hurdle the family never cleared.
Background of the raid
The FBI’s Operation Echo targeted a suspected cyber‑espionage ring, but a clerical error flagged the Johnson address. Agents stormed the house at 2 a.m., breaking a window and confiscating a 2021 MacBook Pro, a Nest thermostat, and a Ring doorbell.
I tested the claim that the FBI’s internal checklist was flawed — the paperwork showed the wrong zip code, a typo that sent the team to the wrong house.
And the family’s attorney, Lisa Ramirez, argued the raid violated the Fourth Amendment and the Privacy Act.
Legal reasoning
The panel, authored by Judge Carlos Moreno, cited the Federal Tort Claims Act, noting that “the United States is immune from suit unless a waiver is expressly granted.”
“Sovereign immunity is not a loophole; it is a principle that preserves the nation’s ability to function without endless litigation,” Judge Moreno wrote.
But the court also emphasized that the government can waive immunity in limited contexts, such as the Federal Claims Act, which the Johnsons never invoked.
So the decision leaves the family with no path to compensation unless Congress acts.
For a deeper dive, see Ars Technica’s analysis of sovereign immunity. The FBI’s own statement can be read in the DOJ press release archive.
Key takeaway
- The 9th Circuit affirmed the government’s sovereign immunity in civil suits.
- The Johnson family’s claim hinged on a mistaken identity raid from Oct. 12, 2022.
- No statutory waiver was presented, blocking the lawsuit.
- Congressional action would be required to overturn this precedent.
And if you’re tracking FBI mishaps, check out our coverage of the FBI Chinese spy flight‑risk case. The Supreme Court’s recent climate‑law decision also reshapes how courts handle federal immunity — see our summary.
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