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Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments.
Download as PDF; Printable version; In other projects ... Pages in category "Excessive Fines Clause case law" The following 5 pages are in this category, out of 5 ...
United States 509 U.S. 602 (1993), [25] the Supreme Court ruled that the Excessive Fines Clause does apply to civil asset forfeiture actions taken by the federal government, in the specific case, the government's seizure of the petitioner's auto body shop on the basis of one charge of drug possession for which he had served seven years in prison.
Civil forfeitures are subject to the "excessive fines" clause of the U.S. Constitution's 8th amendment, both at a federal level and, as determined by the 2019 Supreme Court case, Timbs v. Indiana, at the state and local level. [5] A 2020 study found that the median cash forfeiture in 21 states which track such data was $1,300. [6]
Case history; Prior: United States v. One Parcel of Prop. Located at 508 Depot St., 964 F.2d 814 (8th Cir. 1992); cert. granted, 506 U.S. 1074 (1993). Holding; Forfeiture under §§881(a)(4) and (a)(7) is a monetary punishment and, as such, is subject to the limitations of the Excessive Fines Clause.
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United States v. Bajakajian, 524 U.S. 321 (1998), is a U.S. Supreme Court case holding that asset forfeiture is unconstitutional when it is "grossly disproportional to the gravity of the defendant’s offense", citing the Excessive Fines clause of the Eighth Amendment. [1]
Browning-Ferris Industries v. Kelco Disposal, 492 U.S. 257 (1989), was a case in which the Supreme Court of the United States held that the Eighth Amendment's prohibition of unreasonable fines does not apply to punitive-damage awards in civil cases when the United States is not a party.