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PHILADELPHIA - A Parkesburg man brought civil charges against the Borough of Parkesburg and many current and former city officials in federal court alleging First and Fourteenth Amendment violations. ....
Timbs The title of this post is the title of this new paper authored by Wesley Hottot now available via SSRN. Here is its abstract: This Article explains how Timbs v. Indiana does more than hold that the Eighth Amendment’s Excessive Fines Clause applies to state and local authorities. Timbs also gives definition to those “excessive fines” the Constitution guarantees “shall not be . . . imposed.” This definition emerges when Timbs is read alongside three other decisions: (1) Austin v. United States the Supreme Court’s decision holding that forfeitures are “fines” within the meaning of the Excessive Fines Clause; (2) United States v. Bajakajian the only other case in which the Supreme Court has applied the Excessive Fines Clause; and (3) the Indiana Supreme Court’s decision on remand in ....
Supremes Deliver Smackdown on Civil Asset Forfeiture This decision will provide Americans robust constitutional protection against exorbitant fines imposed by local governments. Wednesday, February 20, 2019 This decision will provide Americans robust constitutional protection against exorbitant fines imposed by local governments. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Justice Ruth Bader Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies. . . . Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.” ....