Federal Appeals Court Rules Texas Woman Can Recover Damages After SWAT Team Destroys Her Home

U.S. Court of Appeals for the 5th Circuit ruled today that Vicki Baker can recover damages after police destroyed her McKinney, Texas, home during a 2020 operation. Baker's house was left in ruins in July 2020 when officers pursued a fugitive who had barricaded himself inside.

Officers declined to use a key, garage door opener, and gate code provided by Baker's daughter and instead smashed windows, drove an armored vehicle through fencing, detonated explosives on the garage, and rammed through the front door. Baker's insurance company declined coverage because the damage was caused by government action.

The city argued it bore no responsibility because Baker did not meet its definition of a victim.

Baker filed suit in March 2021 after the city refused payment.

A federal judge declined to dismiss the case. In 2022 a jury awarded her about $60,000. The 5th Circuit reversed that award in 2023, holding that police acted by necessity during an active emergency. The Supreme Court declined to hear her appeal in 2024. S.

District Court for the Eastern District of Texas ruled she could recover the same amount plus interest under the Texas Constitution. The city appealed that decision. Today's ruling affirms the district court's judgment. Baker, who is in her 80s, will receive the payout nearly six years after her home was damaged.