Pro-life activist Mark Houck is pressing forward with his legal battle against the U.S. Department of Justice, appealing a federal judge’s decision to dismiss his lawsuit over a 2021 FBI raid on his Pennsylvania home.

Houck, who says the raid was part of a “faulty investigation” and involved “excessive force,” is seeking accountability for what he describes as the Biden administration’s weaponization of federal law enforcement against pro-life advocates.

Houck’s lawsuit, filed in 2023 with support from the pro-life organization 40 Days for Life, sought $4.3 million in damages for emotional distress, legal fees, and lost income following his arrest by a SWAT team of approximately 25 agents in front of his wife and seven children. The suit alleges violations of Houck’s civil rights under the Freedom of Access to Clinic Entrances (FACE) Act, which he was accused of breaching during a 2021 altercation outside a Planned Parenthood clinic in Philadelphia.

A Pennsylvania jury acquitted Houck of all charges in 2023.

The appeal, filed with the U.S. Court of Appeals for the Third Circuit, challenges U.S. District Judge Paul Diamond’s March 2025 dismissal of the case. Houck and 40 Days for Life President Shawn Carney, in interviews with Fox News Digital, criticized Diamond, a George W. Bush appointee, as an “activist judge” whose ruling halted settlement negotiations with the Justice Department under the Trump administration.

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“You live in fear of it happening again, not only to yourselves but to others, and you want to know that this administration, which rode this message to the White House, is willing to step in,” Houck said, adding, “and they’re doing it for other organizations, they’re doing it in the DOGE, they’re doing it with all the things, they’re cleaning house.”

In an interview with Fox News Digital, 40 Days for Life President Shawn Carney said: “I just think, Democratic or Republican, we’re tired of activist judges on both sides of the political aisle.”

“Nobody likes it – and just, this guy’s a victim,” Carney said, adding that the Justice Department “needs to fix this.”

Houck’s legal saga began in October 2021 when he was charged with violating the FACE Act after allegedly pushing a Planned Parenthood escort who he claimed was harassing his son outside the clinic. The incident, which Houck’s supporters point out was dismissed by local courts, prompted federal prosecutors to pursue felony charges. The early-morning FBI raid on Houck’s home, described by his attorneys as unnecessarily aggressive, drew widespread attention and condemnation from conservative and pro-life groups.

The Justice Department and FBI did not respond to requests for comment. Settlement talks, initiated in early 2025 after President Donald Trump’s inauguration, were derailed by Diamond’s ruling, according to Houck’s legal team.

The appeal’s outcome could set a precedent for how civil rights claims against federal law enforcement are adjudicated, particularly in politically charged cases. For Houck, the fight is personal.

The Third Circuit has not yet scheduled a hearing for the appeal.

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