excessive-fine

10 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-95 Michael Pung, Personal Representative of the Estate of Timothy Scott Pung v. Isabella County, Michigan Sixth Circuit 2025-07-24 Granted Amici (26) excessive-fine fair-market-value fifth-amendment government-seizure property-rights takings-clause Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the…
23-6732 Seth Conner Wells v. Florida Florida 2024-02-13 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-challenge cost-of-incarceration due-process eighth-amendment excessive-fine fourteenth-amendment incarceration-cost statutory-interpretation timbs-v-indiana united-states-v-bajakajian Whether the imposition of a $401,500 cost of incarceration is an unconstitutionally excessive fine
23-5192 Phiet The Doan v. California California 2023-07-25 Denied Response WaivedIFP due-process equal-protection excessive-fine fourteenth-amendment jury-trial restitution sixth-amendment victim-restitution Did Mr. Doan have a Sixth and Fourteenth Amendment right to a jury trial on whether he owed almost $64,000 in victim restitution?
22-166 Geraldine Tyler v. Hennepin County, Minnesota, et al. Eighth Circuit 2022-08-23 Judgment Issued Amici (44)Response RequestedResponse WaivedRelisted (3) civil-forfeiture constitutional-law due-process eighth-amendment excessive-fine excessive-fines government-forfeiture property-rights takings-clause tax-debt Whether the government's retention of surplus proceeds from the sale of a home to satisfy a tax debt violates the Takings Clause
22-160 Kevin L. Fair v. Continental Resources, et al. Nebraska 2022-08-22 GVR Amici (8)Response RequestedResponse WaivedRelisted (4) due-process equity-forfeiture excessive-fine excessive-fines government-seizure just-compensation property-rights takings-clause tax-foreclosure Does the government violate the Takings Clause when it confiscates property worth more than the debt owed by the owner?
21-5385 Albert M. Kun v. State Bar of California, et al. Ninth Circuit 2021-08-16 Denied Response WaivedRelisted (2)IFP bankruptcy bankruptcy-procedure constitutional-rights due-process excessive-fine fifth-amendment fourth-amendment state-bar timbs-standard timbs-v-indiana Whether the approximately $40,000 fine assessed by the State Bar is an excessive fine under Timbs v. Indiana 586 U.S.—(2019) for a $460-financial viol…
21-64 Danny James McLaughlin v. United States Eleventh Circuit 2021-07-16 Denied Response Waived appellate-review bajakajian-factors criminal-fine criminal-fines eighth-amendment eighth-amendment-challenge excessive-fine judicial-review proportionality united-states-v-bajakajian Whether a reviewing court may consider factors beyond those identified in United States v. Bajakajian when determining if a criminal fine is dispropor…
20-1697 Alice Kimble v. United States Federal Circuit 2021-06-09 Denied Response Waived 8th-amendment eighth-amendment excessive-fine fbar foreign-bank-account-report statutory-interpretation tax-evasion tax-penalty willful-violation willfulness Did the Court err in holding that Alice acted willfully, despite the lack of proof either that she had knowledge of the requirement to file an FBAR or…
20-51 Pedro Pete Benevides v. United States Eleventh Circuit 2020-07-22 Denied Response Waived criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines Whether the forfeiture of over $44 million constitutes an excessive fine under the Eighth Amendment
19-7277 Dora Moreira v. United States Eleventh Circuit 2020-01-15 Denied Response WaivedIFP certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment Whether the Court of Appeals created an irreconcilable conflict with precedential decisions by denying a certificate of appealability on a motion to v…