Vicki Baker shows paperwork related to her case in her McKinney home. A SWAT team pursuing a fugitive in July 2020 smashed her doors and shattered her windows. On June 28, Baker and the Institute of Justice will file a petition with the Supreme Court, asking the justices to hear her case, writes Jeffrey Redfern. Baker seeks compensation from the McKinney police., and the city refused to compensate her, former McKinney resident Vicki Baker is taking her fight to the U.S. Supreme Court.
It’s crucial the court hears Baker’s case and makes it clear the government must compensate innocent people when it destroys their property.while she was not home. The fugitive barricaded himself inside the home, leading to a standoff with McKinney police, who raided the home. The estimated damage was $60,000, and the person who was under contract to buy Baker’s home understandably backed out of the deal.
For years, the city has been relying on a theory that government actions taken under “police power” are somehow different from other government actions, and thus do not require victims to be paid. Under this theory, the government would need to compensate someone if it took their land to build a highway, but not if it flattened their home while pursuing a fugitive. This argument is absurd, because the cost of a public good should be borne by the public, not one unlucky individual.
Jeffrey Redfern is a senior attorney at the Institute for Justice who has represented Vicki Baker since her home was damaged by the McKinney Police Department. We welcome your thoughts in a letter to the editor. See the guidelines and submit your letter here. If you have problems with the form, you can submit via email at letters@dallasnews.com
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