No. 25-1163October Term 2025Petition Pending
Carlos Pena, Petitioner v. City of Los Angeles, California
Carlos Pena asks the Supreme Court to decide whether the Takings Clause requires the City of Los Angeles to compensate an innocent property owner when police intentionally destroy the owner’s property while trying to apprehend a suspect.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Decision timing
- No decision timeline until the Court agrees to hear the case.
- What it's about
Carlos Pena asks the Supreme Court to decide whether the Takings Clause requires the City of Los Angeles to compensate an innocent property owner when police intentionally destroy the owner’s property while trying to apprehend a suspect. The case arises from a split among federal appeals courts over whether law-enforcement activity is categorically exempt from Takings Clause liability.
Question presented
1. Does the Takings Clause extend to property damage that results from reasonable criminal law enforcement actions in the defense of public safety? 2. When the sovereign reasonably exercises its right and duty to protect public safety by enforcing criminal laws, and does not otherwise waive sovereign immunity, does any resulting property damage constitute taking of property for public use under the Takings Clause?
- Case path
United States Court of Appeals for the Ninth Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Carlos Pena asks whether the Takings Clause (the constitutional rule requiring payment when government takes private property for public use) requires Los Angeles to pay an innocent owner when police intentionally destroy property while pursuing a suspect. The Court has not yet scheduled oral argument.
Argument
The case is pending on Pena's petition asking the Supreme Court to hear it, and oral argument has not been scheduled.
Impact
The case could affect owners whose homes or businesses are damaged during police efforts to protect public safety. It could also affect when cities must pay for damage caused while officers try to arrest a suspect.
What is at stake in Pena v. City of Los Angeles?
The case asks whether Los Angeles must compensate an innocent owner when police intentionally damage property while pursuing a suspect.
Who could be affected by the Pena case?
Property owners whose buildings are damaged during police operations could be affected. Cities could also face compensation claims for that damage.
What happens next in Pena v. City of Los Angeles?
The Court may take another scheduling step or decide whether to hear the case. Oral argument has not been scheduled.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology