Appeals court rejects damages for woman whose home was ‘destroyed’ by SWAT team chasing man holding 15-year-old girl hostage

The Texas home of Vicki Baker, inset, was destroyed in a SWAT operation, and she is fighting for the city to pay for the damages. (Photos courtesy of the Institute for Justice)

The Texas home of Vicki Baker, inset, was destroyed in a SWAT operation (Institute for Justice).

The Supreme Court justices have declined to weigh in on an appellate court ruling that rejected damages for woman whose home in a Dallas suburb was destroyed by a Texas SWAT team chasing man holding a 15-year-old girl hostage. However, two justices who fall on opposite ends of the political spectrum — Justices Sonia Sotomayor and Neil Gorsuch — disagreed with that decision.

The search for a runaway hostage

On July 25, 2020, a fugitive named Wesley Little kidnapped 15-year-old girl. Little led police in a high-speed car chase, and drove to the home of Vicki Baker while the girl was in Little’s custody. Little had been familiar with the home because he had previously worked there as a handyman. Deanna Cook, Baker’s adult daughter, answered the door. She Little and the girl with him from a posting about Little being on the run with a teen girl earlier that day.

Cook had been on the premises to help her mother ready the home for sale and there was a “For Sale” sign in the yard.

Ultimately, Cook called her mother, who in turn, contacted authorities. When the McKinney police arrived, officers set up a perimeter around the home. Little eventually released the girl, who reported to police that Little was armed, high on methamphetamine, and hiding in the attic. Later, Little told police that he knew he was going to die and planned to have a shoot-out with police.

Police unsuccessfully tried several tactics to get Little out of the home, including launching dozens of tear gas grenades into the house. Eventually, officers detonated explosives, which broke down the front and garage doors, and used a tank-like vehicle to bulldoze the home’s backyard fence. When police entered the house, they found that Little had taken his own life.

Damages and lawsuits

The tactics of police are not part of any dispute in the case, as they have been deemed necessary to prevent harm to themselves and the public. What is at issue, though, is whether Baker is entitled to compensation for the significant damages to her property resulting from the incident. The explosion left Baker’s dog permanently blind and deaf, and a remediation team was necessary clean the toxic gas from the home. Furthermore, ceiling fans, plumbing, floors, and bricks needed to be replaced.

The damage was not covered by Baker’s homeowner’s insurance due to the cause of the damage being deemed an “act of government.” Baker filed a claim for property damage with the city, but the city denied the claim in its entirety.

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