Carlos Pena’s livelihood has been crippled. It remains to be seen if he’ll have any right to compensation.
The police-power shield invoked by some courts is a historical “misunderstanding,” says Jeffrey Redfern, an attorney at the Institute for Justice, the public interest law firm representing Pena in his suit. Judges have recently held that so long as the overall action taken by the government was justifiable—trying to capture a fugitive, for example—then the victim is not entitled to compensation under the Fifth Amendment.