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Amicus Brief in support of Rehearing
6th Circuit Court of Appeals
Filed Oct. 5, 2020
TOPICS: civil asset forfeiture; prompt post-seizure hearing
This amicus brief tackles the important issue of how due process applies when a municipality seizes property through civil asset forfeiture and does not grant the owner a prompt, post-seizure hearing.
Filed with DKT Liberty Project, Institute for Justice, and Mackinac Center for Public Policy.
OUTCOME: The Sixth Circuit denied rehearing on Nov. 23, 2020.
Amicus Brief in Support of Plaintiff
5th Circuit Court of Appeals
Filed Apr. 23, 2019
TOPICS: civil asset forfeiture; prompt post-seizure hearing
This case considers whether there is a due process right to a prompt post-seizure hearing when one’s property is seized by the government.
Filed with Cato Institute and NACDL. Due Process Institute thanks Cynthia Orr for her pro bono work on this case.
OUTCOME: Unfortunately, the United States Court of Appeals for the Fifth Circuit found that it is not constitutionally required for a property owner whose property is seized through civil asset forfeiture to receive a prompt, post-seizure hearing while awaiting a formal forfeiture hearing. You can read the court’s full opinion here.
Amicus Brief in Support of Petitioner
U.S. Supreme Court
Filed Sep. 11, 2018
TOPICS: civil asset forfeiture; excessive fines + fees; incorporation
This case centered around the civil forfeiture of the plaintiff’s $42,000 vehicle for a crime that had a maximum $10,000 criminal fine.
Filed with Cato Institute, DKT Liberty Project, Federal Bar Association Civil Rights Section, Goldwater Institute, and Texas Public Policy Foundation.
For more information, please visit our 8th Amendment Amicus Briefs collection.