all right we got some good news coming out of McKinney Texas and I want to give a quick shout out to power inherent and the people is the name of the channel that's Cameron over there if you haven't taken a look at his channel you really should he talks about a lot of right to travel stuff that's very valuable but I want to go over this the reason I say it's kind of a win and it's a success and it's a Court ruling that kind of rules in our favor there's always a double-edged sword it's always a catch-22. When We the People win we the people end up having to pay the innocent people who got ransacked by the cops or the government agencies whoever it is SWAT team FBI CIA DEA local police this comes from WFAA police did tens of thousands of dollars in damage to a McKinney woman's home and we went over this just a couple months ago maybe maybe it's been a year ago now this is Vicki Baker from McKinney Texas we'll go over the story real quick then we'll go over the Court ruling from the fifth circuit she got them to pay for it all via eminent domain and eminent domain is what the government uses to escape any and all liability so they can ransack your house or go through your car or whatever they have to do to retain and maintain qualified immunity police in Texas use governmental immunity to avoid repaying taxpayers for damaging their property a new legal Playbook may have been found in a landmark Court win this is Vicki Baker they did sixty thousand dollars of damage destroying our house we'll go over how they did that and why they did that in a second throughout the country state and federal judges almost always side with the police and why is that because it's a big club and you ain't in it and other agencies when they cite Sovereign and governmental immunity claims for damages to property however Baker and her attorneys used a novel legal approach to sidestep governmental immunity claims and I love the way they did it because basically it was a judo move they used the government's power and the government's rules and the way the government used the rules to construct their own Playbook to use it against them and the legal argument resonated with the U.S fifth Circuit Court of Appeals in case you are not aware of where this fifth circuit is here's a real quick map to refresh your memory the fifth circuit covers Texas Mississippi and Louisiana says the fifth circuit found the City of McKinney a governmental entity must pay an innocent property owner whose property was damaged or destroyed by police it was destroyed by police it wasn't just damage she couldn't even live in the house after this the city is challenging the decision and is not commenting until the legal battle is over of course they're challenging it but what does that tell you about the city hey we're not going to pay we know we destroyed her house but we're not paying for it so they're going to appeal it so what is this about this isn't about protecting Society this isn't about the safety of the community this isn't for the welfare of the people in the community this is all about the government and what they can get away with and what they can do under qualified immunity but Baker and her attorneys are talking and they think think that their case may potentially land on the doorstep of the U.S Supreme Court says Baker now lives in Montana but she still owned her home off Vista Verde Trail on July 25th 2020. that day Baker was in her new Montana home while her daughter remained in the Vista Verde property the house had been on the market and a sale for the property was on the verge of being finalized until the government got to it and then the person who was going to buy her house goes nah I don't think I need a destroyed house to put my family in also on that day a contractor and handyman that Baker knew had fled inside her home to take refuge after Baker's daughter was startled but escaped the home while an armed Wesley little remained inside with the teen once she left the house she called 9-1-1 McKinney police quickly surrounded the home and if you think you got problems now just wait till the police show up so they surround the home and negotiated with little to let the team go which he did SWAT then proceeded to make their way inside but not before Wrecking things breaking Windows tearing down the garage door and the front door the damage of the home was extensive according to Baker they used around 30 canisters they used a small on my garage door and that off the canisters were through the walls roof and windows the SWAT vehicle also moved over Baker's fence when police made entry to the home little Header by the time McKinley police left the area Baker says more than fifty thousand dollars in Damages had been done and she said I think it's closer to 70 000 and then Baker had to pay out of pocket to get everything fixed she told the local news outlet that nearly every window in the home had been replaced as well as the front door and windows and that's really expensive Baker added that appliances flooring and fencing also had to be repaired and if you're an animal lover you don't again if you think you got problems hey they will get exponentially worse for you and your family and your pets when the police show up as expected the sale of the property went out the window out the broken windows Baker eventually sold the property after making repairs her insurance did cover some of the damage but not all of it they told me they didn't pay for an act of government we'll pay for an act of God but we're not going to pay for an act of government because that's far worse and we're not going to be liable for that damage Baker filed a property damage claim with the City of McKinney but they refused to reimburse her now what city would not take responsibility for their employees who are supposed to look and be looking out for the public what city would deny a claim from an old lady who got her home destroyed what city what city council members if you were on the city council how could you deny that claim when it's obvious who caused the damage when it's obvious what the house looked like before SWAT got there and then after they left it it makes no sense it's no there's no morality going on in that city council the city claims Sovereign and governmental immunity and stated that the officers and Department were protected from damage claims for simply doing their jobs I'm just hey I'm just doing and what officer could go home and go you know what yeah we damaged that person said I wouldn't want my house damaged I wouldn't want my elderly mothers or grandmother's house damaged but we're going to leave this lady's house damage what officers would leave there and go hold on a second we trashed this lady's house what do you mean you're not going to repair it what do you mean you're not going to make her whole Baker turned to The Institute of justice and began a civil battle in court that resulted in her Victory last summer and that's good but that you had to go to court that you had to take the City of McKinney to court to force them to do the right thing and then they go no we're not going to do the right thing we appeal everybody in the town of McKinney should be going you know what I am Vicki Baker you are Vicki Baker and if they're going to do this to Vicki Baker they're going to do this to me this can't stand we can't have this nonsense and the strategy they use is one many Property Owners wish they knew in their Court battles to defeat Sovereign and governmental immunity this news Outlet aired a series of Stories on sovereign immunity and the extreme difficulties innocent residents face in Texas to defeat it when a property is damaged or destroyed by a governmental entity others such as patients suffering malpractice in public hospitals are limited or unable to file lawsuits or gain compensation from governmental entities and check this out this is laughable when damage occurs during the scope of an investigation law enforcement agencies may claim immunity under the old English legal concept of sovereign immunity meaning the king could not be sued or prosecuted and this is what the city council in McKinney and all over this great land do they act like they're the king and they say hey you know what you're the peasant I'm the king and I declare sovereign immunity you can't touch me time it against State agencies and cities have made Sovereign and governmental immunity claims to Shield law enforcement and other agencies from financial and legal losses what does that mean we're not going to do the right thing we are dead set on not doing the right thing and we'll go so far as to find legal loopholes to make sure that we can get away with our crimes because that is a crime when you damage somebody if you damage somebody's property and you didn't pay for it what do you think the court system would do to you they would make you pay for it but somehow the court system that belongs to the governmental agencies and all the governmental agencies involved that they're like hey you can't do that to me man we're like the sovereign they also make these claims to make sure a department or agency isn't hamstrung from doing the scope of their responsibilities so if law enforcement or other governmental entities damage your property their liability is limited victims often lawyer up and take their claims to court which is going to cost a whole bunch of time and money but State and fed and they have Deep Pockets they can wait all this stuff out but state and federal judges almost always side with agencies and police due to Sovereign and governmental immunity claims because it is a big club and you ain't in it in Texas the state can't be sued successfully without consent from the legislature so they're all in on it it's not just local law enforcement it's not just the city council it's not just the City of McKinney it is the legislature who says no you know what we got to give you a qualified immunity we got to give you governmental sovereign immunity and under Texas law the legislature doesn't admit liability by granting permission to sue because these protections are in place the claimants shot of winning in court is often low because the deck is stacked against you and it's not that the system is broken the system is working perfectly because it was designed to work against you and me enter Vicki Baker her attorney Jeffrey Redfern won because he sidestepped challenging governmental immunity altogether so now he's going to pull out the legalese Judo the real strategy here was to avoid immunity entirely he said our whole Theory here is that this was a taking under the takings Clause just like eminent domain the takings Clause is pivotal in many cases where eminent domain is used in case you were a little fuzzy on what eminent domain was it is the self-declared right of a government or its agent to expropriate private property for public use with payment of compensation and there are three requirements that are supposed to be met before you declare eminent domain the property acquired must be taken for a public use in this case well it was a public use to get rid of a bad guy but then once they did it they left Vicki Baker with all the damage and the expenses the state must pay just compensation in exchange for the property hmm no person must be deprived of his or her property without due process of law and they they violated all that that's a that's a violation of all of the three criteria to declare eminent domain Redfern and fellow Council argued that the city had a right to take Baker's home during their raid for public use but that she should be compensated under the fifth amendment in the U.S Constitution Redfern said quote the courts have said when the government takes your property intentionally for some public use you get justly compensated the strategy worked with the jury and this is the landmark news right here Baker's win is the first time a federal court has ruled that the fifth amendment requires a government entity to pay an innocent property owner whose property was damaged or destroyed by police Redfern is hopeful that other attorneys see the success of Baker's case and use it as a blueprint to make innocent victims whole this is what's huge about this it already set a precedent in the fifth Circuit Court of Appeals and now it's on the doorstep of the U.S Supreme Court if they take it up and they declare that Vicki Baker should be justly compensated this is going to open the door this is going to open the can of worms for a whole bunch of other people to seek legal action and get compensated justly compensated so if this goes to the Supreme Court and they rule in Vicki Baker's there's Vicki Baker right there and they rule and Vicki Baker's favor then this opens a presidential can of worms for other people to seek legal and just compensation for the damages that the government caused them guys thanks for watching this video if you haven't done so already subscribe to this channel hit the Bell notification icon give it a thumbs up share it with everybody you know don't forget to subscribe to my private email list through my website highimpact flicks.com if you want to support the channel grab a hard-hitting conversation starting design you can get from the shirt store you can put the design on any shirt hoodie mug cell phone case that you use to record government functionaries and you can put it on a hat or anything you want I appreciate you guys remember the price of freedom is now and will always be Eternal vigilance and indifference to this notion is the means by which the people have and will secure their own oppression I will see you in the next video [Music]