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Can I sue the FBI for emotional damage and personal property never returned?

Atlanta, GA |

10years ago my home was raided by more than 20 FBI agents. (They were looking for someone else, whom they found somewhere else) They took modeling pictures of me that I had and also all the baby pictures I had of my daughter who was then only about 10months old at the time. Because of this I can never show my daughter or my family and friends baby pictures of my daughter. I have nightmares due to this experience, and anxiety from certain situations. For example if a loud noise is heard I freak out. I was held at gun point for almost an hour with my son and daughter even though they could see I had no weapons. It caused me to move because I could not get over the trauma that happened there. I tried to get my pictures back but I am always transferred to voice mail

Attorney Answers 3

  1. It is extremely unlikely that you would be successful in a suit against the FBI for "emotional damage". Not only does Intentional Infliction of Emotional Distress have specific requirements that must be met before it can even be plead, the FBI has sovereign immunity against liability for some outcomes of their investigation. It would likely not be worth your pursuing such a claim.

    Return of your property may be something different. If it can be made clear that the items seized are not (or should not) be part of an investigation, there may be a basis for having them returned.

    The biggest hurtle in your pursuit is finding the right attorney to assist you. Because your claim is against the FBI, it is not a State matter. You need an attorney that is experienced in dealing with Federal litigation relating to this type of thing. (In fact, I would caution you against blindly believing what I've just said as I am NOT experienced in dealing with these type of matters or with anything Federal beyond bankruptcy. You need to double-check my answer with someone with advance knowledge.)

    Hire a lawyer.

    Good luck.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

  2. I think you could succesfuly sue the FBI but the conduct would have to be outrageous. You could try a Bivens action.

  3. The FBI most likely has governmental immunity from suit and in Georgia you cannot recover for emotional distress alone, without an actual physical injury in the absence of showing intentional infliction of emotional distress.

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