Ellinburg v. United States
Issue Whether restitution under the Mandatory Victims Restitution Act (MVRA) is legally a criminal punishment. Holding Restitution under the MVRA is plainly criminal punishment for purposes of the Ex Post …
State of Iowa v. Pagliai
Issue Whether the parties in a criminal case can, by plea agreement, confer on the district court the authority to order defense counsel reimbursement fees in a dismissed case. Holding …
People v. Kopp
Issue Whether Due Process and Equal Protection forbid a court from ordering payment of any financial obligation without first finding a defendant has an ability to pay. Holding A challenge …
McGrath v. Suffolk County
Issue Whether Suffolk County’s imposition of administrative fees on red light camera violations exceeding the state statutory cap of $50 per violation (or $75 with a late fee) is preempted …
City of Grants Pass v. Johnson
Issue Does the Eighth Amendment’s Cruel and Unusual Punishment Clause prohibit municipalities from enforcing generally applicable laws regulating sleeping and camping on public property? Holding In a 6-3 ruling, the …
State v. Gibbons
Issue 1. Whether a law that imposed a $5,000 mandatory minimum fine without regard to the defendant’s ability to pay, is facially unconstitutional under the Excessive Fines Clause of both …
Fant et al. v. City of Ferguson
Case No. 4-15-CV-00253-AGF| Settled February 27, 2024 Claims at Issue: In a class action complaint filed on February 8, 2015, the plaintiffs, nine class representatives who had been issued traffic …
Post-Ferguson Class Action Suits Challenging Fine and Fee Schemes in Missouri
Post-Ferguson Class Action Suits Challenging Fine and Fee Schemes in Missouri In 2014, when a police officer in Ferguson, Missouri shot and killed Michael Brown, the City of Ferguson …
Rosa v. Doe
Rosa v. Doe No. 21-2628, Nov. 20, 2023; WL 8009400 (2d Cir. 2023) Holding When assessing whether an incarcerated person qualifies for a waiver of filing fees in a federal …
City of Whitefish v. Curran
Issues 1. Can a court impose a fine on someone with a demonstrated inability to pay? 2. Is it an abuse of discretion to fail to offer alternatives to a …