No. 25-1163

Carlos Pena v. City of Los Angeles, California

Lower Court: Ninth Circuit
Docketed: 2026-04-09
Status: Pending
Type: Paid
Tags: constitutional-liability fifth-amendment law-enforcement property-destruction public-necessity takings-clause
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the government is exempt from liability under the Takings Clause when law enforcement officers intentionally destroy an innocent person's property in the course of attempting to apprehend a fugitive.

2. Whether the doctrine of "public necessity" is an exception to the Takings Clause.

Question Presented (AI Summary)

Whether the government is exempt from liability under the Takings Clause when law enforcement officers intentionally destroy an innocent person's property in the course of attempting to apprehend a fugitive, and whether the doctrine of public necessity is an exception to the Takings Clause

Docket Entries

2026-04-06
Petition for a writ of certiorari filed. (Response due May 11, 2026)

Attorneys

Carlos Pena
Jeffrey Hallett RedfernInstitute for Justice, Petitioner