Excessive Fines Clause Archives - Fines and Fees Justice Center

Our Anemic Excessive Fines Clause: Are State Courts Following the Federal Lead?

The Supreme Court’s 2019 decision in Timbs v. Indiana was hailed by many as a watershed moment for a more expansive use of the Eight Amendment’s Excessive Fines Clause. Although …

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 …

State v. Brophy

Issues 1. Is the protection provided by the Excessive Fines Clause of the Eighth Amendment applicable to the states under Timbs v. Indiana? 2. Did the lower court properly rule …

Tyler v. Hennepin County, Minnesota, et al.

In a unanimous opinion, the U.S. Supreme Court holds that local governments seeking forfeiture of property as compensation for a public debt may not profit from it beyond the amount …

United States Department of Justice “Dear Colleague” Letter (revised and updated)

On April 20, 2023 the U.S. Department of Justice’s Civil Rights Division, Office of Justice Programs, and Office for Access to Justice revised the 2016 Dear Colleague to include an updated discussion …

State of Washington v. Eyman

Issue Whether courts must consider a person’s ability to pay a fine when determining whether the fine is excessive under the Excessive Fines Clause of the U.S. Constitution and the …

Alaska v. Jouppi

Issues 1. Whether the forfeiture of property based on being utilized in the commission of a crime is subject to the excessive fines clause of the U.S. Constitution. 2. Whether, as …

The Constitutionality of Income-Based Fines

The current financial consequences for low-income offenders often lead to cycles of debt and jail, while high-income individuals can break the law without meaningful financial consequences. Although imposing fines regardless …