Pending Amicus Briefs

Aposhian v. Barr


Brief in support of Appellant in the 10th Circuit Court of Appeals


In this brief, we argue that the rule of lenity should take precedence over conflicting canons of construction (here, the doctrine of Chevron deference) for statutes with criminal application given the risk to life and liberty. 


The Due Process Institute thanks John Cline for his support on this matter.

Aposhian v. Barr

Baxter v. Bracey et. al.


Brief in Support of Petition for Certiorari  in the US Supreme Court


This brief explores the problems with the doctrine of qualified immunity for law enforcement officials because it excuses unconstitutional conduct, imposes a heavy burden on civil rights litigants, and erodes public trust. 

Baxter v. Bracey and Harris

Gerardo Serrano v. U.S. Customs and Border, et al

Brief in Support of Plaintiff in the 5th Circuit Court of Appeals


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.

Serrano v. CBP

Mitchell v. Wisconsin


Brief in Support of Petitioner in the US Supreme Court


Is there a Fourth Amendment warrant requirement exception for a statute stating that an individual implicitly consents to a blood draw?  This issue has been granted cert. and the Court is currently considering the case on its merits.

Mitchell v. Wisconsin

United States v. Haymond


Brief in Support of Respondent in the US Supreme Court


Are the portions of 18 U.S.C. § 3583(k) that required the district court to revoke supervised release and to impose re-imprisonment based on a finding by a preponderance of the evidence that respondent violated the conditions of his release an “unconstitutional and unenforceable” law?


The Due Process Institute thanks David T. Goldberg for his support on this matter.

US v. Haymond

Turner v. United States


Brief in Support of Petition for Certiorari in the US Supreme Court


The question presented is whether the Sixth Amendment right to counsel attaches before an indictment in a situation where a prosecutor threatens to indict a defendant unless the defendant accepts a plea offer. 


The Due Process Institutes thanks Cozen O’Connor for their support in this matter, particularly Stephen A. Miller, Barry Boss, and Kara L. Kapp.

Turner v. United States

Resolved Cases

The following cases in which DPI was involved have concluded:

I.B. and Doe v. Woodard

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court

This case involved a warrantless strip search of a minor child on suspicions that the child has suffered from abuse. The question considered in this amicus brief was on the application of qualified immunity. Petition for certiorari was denied on May 20, 2019.


Hillman v. Nueces County, Texas and Nueces County District Attorney's Office  

Brief in Support of Petitioner in the Supreme Court of Texas

A former district attorney filed suit against Nueces County for wrongful termination after he was fired for disclosing information to the defense, as he believed it was his legal and ethical duty to do so. The Texas Supreme Court ruled against Hillman on the grounds that government immunity barred the lawsuit. Read the opinion here.


Timbs v. Indiana

Brief in Support of Petitioner in the US Supreme Court

The case centered around the civil forfeiture of the plaintiff's $42,000 vehicle for a crime that had a maximum $10,000 criminal fine. The Supreme Court ruled 9-0 in favor of plaintiff Timbs. The Court specifically held that the Excessive Fines Clause of the Eighth Amendment is incorporated to the states through the Fourteenth Amendment's Due Process Clause. Read the opinion here.


Cabrera-Rangel v. United States

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court

The question presented was whether the Sixth Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants. Petition for certiorari was denied on January 14, 2019. The Due Process Institutes thanks Timothy O'Toole and Sarah A. Dowd of Miller & Chevalier for their support on this case.


Mearing v. United States

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court 

The Due Process Institute's Shana O'Toole authored this brief regarding the waiver of appellate review of what appears to be highly suspect restitution and forfeiture awards. Petition for certiorari was denied on January 7, 2019.


Almighty Supreme Born Allah, Petitioner v. Lynn Milling, et al. 

Brief in Support of Petition for a Writ of Certiorari in the Second Circuit

The Due Process Institute joined a large array of cross-ideological organizations as co-signers for this amicus brief on qualified immunity. The petitioner voluntarily dismissed his petition for certiorari following a settlement with the government.