Excessive Fines Clause Archives - Page 2 of 3 - Fines and Fees Justice Center

It’s Time To Reform Washington’s Harmful System Of Fines And Fees

People with low incomes, disabilities, and Black, Indigenous, and People of Color (BIPOC) shoulder much of the harm from the legal financial obligations (LFOs) levied in Washington’s criminal legal system. …

City of Seattle v. Long

Summary: Steven Long worked as a general tradesman and stored work tools and personal items in his truck, where he had been living since he was evicted from his apartment in …

Nickels and Dimes? Rethinking the Imposition of Special Assessment Fee on Indigent Defendants

No fine is imposed if the judge determines the defendant lacks the ability to pay any fine, but every defendant is required to pay a special assessment fee of $100 …

Jesus Pimentel et al. v. City of Los Angeles

Background: A City of Los Angeles ordinance requires a person pay a $63 fine if their car is parked past the allotted time limit. If the fine is not paid …

Nashville Community Bail Fund v. Howard Gentry

The policies created by Gentry’s office require people to remain incarcerated until their trial unless the person(s) posting cash bonds on their behalf sign a form acknowledging, in writing, notice of and agreement to garnishment of the cash bond deposit.

Fulton et al v. City of Chicago

Plaintiff alleges that the City of Chicago ignored the automatic stay protection under the Bankruptcy Code. The City impounded Mr. Fulton’s car because he had unpaid fines and fees, and informed him that the vehicle would only be returned when the court debt was paid. Mr. Fulton declared bankruptcy, and the automatic stay provision required that vehicles be returned to debtors who file for bankruptcy. The City argued that impoundment as a deterrence helped to enforce traffic regulations. Debtors argued that the City was more concerned with revenue collection than public safety.

Ficken v. City of Dunedin et al

Plaintiff James Ficken had grass over ten inches for about eight weeks during the summer of 2018 while he was out of town settling his mother’s estate. Without warning, he was hit with daily fines totaling $29,000. As a result of his inability to pay the $29,000 in fines, the City placed two liens on his property. Mr. Ficken requested a rehearing or reconsideration of the fines, but his request was rejected without explanation. He now faces imminent foreclosure because he does not have the money to satisfy the liens.

Towed Into Debt: How Towing Practices in California Punish Poor People

This report shows the circumstances that lead to a person having their car towed and the consequences that follow in different counties across California.

Timbs v. Indiana

Petitioner used life insurance proceeds to purchase a Land Rover for $41,558.30. He used the vehicle to transport heroin worth a total of $385. He was arrested and his vehicle was seized. Petitioner argued that the forfeiture was excessive in violation of the Eight Amendment’s excessive fines clause.

The Excessive Fines Clause: Challenging the Modern Debtor’s Prison

This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.