Fifth Circuit Cites SCOTUS Precedent, Axes Win for McKinney Woman Whose Home Cops Destroyed
The panel determined that because the actions of the McKinney police took to end the hostage situation and standoff were “objectively necessary,” Vicki Baker isn’t entitled to compensation on her Fifth Amendment takings claim. The Fifth Circuit said U.S. Supreme Court precedent, which has long recognized an exception to the takings clause, mandated the outcome and that, as a lower court, “it is not for us to decide that fairness and justice trump historical precedent.”