No. 21-695

Bennie Anderson v. New Jersey

Lower Court: New Jersey
Docketed: 2021-11-12
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-scrutiny eighth-amendment excessive-fines excessive-fines-clause national-importance pension-seizure public-pensions punitive-forfeiture punitive-forfeitures state-action
Key Terms:
ERISA DueProcess Punishment
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Can a state insulate its punitive forfeitures from federal constitutional scrutiny by limiting the definition of what constitutes a 'fine' for purposes of the Eighth Amendment?

Question Presented (OCR Extract)

QUESTION PRESENTED The Excessive Fines Clause provides an overwhelming protection against exorbitant economic sanctions and is fundamental to our system of “ordered liberty”. Austin v. United States, 509 U.S. 602, 609610 (1993); Timbs v. Indiana, 586 S.Ct. 682, 686-687 (2019) This Court has determined that the scope of the Eighth Amendment is broad and applies to every government action that is even partially punitive. Austin v. United States, 509 U. S. 602, 609-610 (1993) Several Courts are nevertheless allowing states to engage in punitive conduct and still evade Eighth Amendment review. These Courts have specifically found that punitive pension forfeitures are not “fines” or “punishment” for purposes of Eighth Amendment scrutiny. As such, these jurisdictions are depriving many of America’s 21 million public pensioners of their most basic Eighth Amendment rights. More specifically, several states are punishing individuals by seizing the entirety of their pensions, and are doing so without any constitutional safeguards. There is also a split of authority on this most important national issue which warrants United States Supreme Court review. The Question Presented is: Can a state insulate its punitive forfeitures from federal constitutional scrutiny by limiting the definition of what constitutes a “fine” for purposes of the Eighth Amendment? I RELATED CASES State v. Bennie Anderson, MER-L-600-19, Superior Court of New Jersey, Law Division, Mercer County. Judgment entered May 20, 2019 State v. Bennie Anderson, Superior Court of New Jersey, Appellate Division, A-4289-18T3. Judgment entered on March 30, 2020 State v. Bennie Anderson, Supreme Court of New Jersey, 084365. Judgment entered on August 11, 2021

Docket Entries

2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-09
Waiver of right of respondent New Jersey to respond filed.
2021-11-09
Petition for a writ of certiorari filed. (Response due December 13, 2021)

Attorneys

Bennie Anderson
Gerald D MillerMiller, Meyerson & Corbo, Petitioner
Gerald D MillerMiller, Meyerson & Corbo, Petitioner
New Jersey
Lauren BonfiglioNew Jersey Office of the Attorney General, Respondent
Lauren BonfiglioNew Jersey Office of the Attorney General, Respondent