Pending Amicus Briefs

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

This amicus takes on the issue of qualified immunity for a particularly egregious case, in which police had consent--and a key--to enter a home but instead shot tear gas into the home for hours. The brief is critical of the qualified immunity doctrine because of its unreasonably difficult hurdles to get justice for those who are wronged by law enforcement. Further, the brief argues that the doctrine erodes trust in law enforcement because of this lack of accountability.

Brief in support of Petitioner in the US Supreme Court

The question in this case is if a "seizure" has occurred, in violation of the Fourth Amendment, when police attempt to stop a suspect by force but do not immediately succeed in doing so. The amicus brief argues that there are good public policy reasons for determining that such action is a "seizure" including accountability for police and improving public trust in law enforcement and their actions.

Brief in support of Plaintiffs in the Louisiana First Circuit Court of Appeal

This amicus brief, joined by an impressive array of ideologically diverse co-amici, argues that the 6th Amendment prohibits states from systemically underfunding public defender offices and explains how the Framers intended the Constitution to establish a vibrant adversarial criminal legal system, not a “sacrifice of unarmed prisoners to gladiators.”  DPI thanks the American Conservative Union Foundation Nolan Center for Justice, Cato Institute, Freedomworks Foundation, the James Madison Institute, R Street Institute, Innocence Project New Orleans, The Innocence Project, National Legal Aid & Defender Association and Public Defender Services for the District of Columbia for joining our brief.

The Due Process Institute also thanks Chloe Chetta of Barrasso Usdin Kupperman Freeman & Sarver and Timothy O’Toole of Miller Chevalier for their amicus support on this matter.

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

Both of these cross-ideological briefs address the issue of qualified immunity and specifically attack the "clearly established law" test that undergirds most instances whereby law enforcement personnel are not held responsible for wrongful conduct. The briefs also discuss the importance of  public trust in the institution of law enforcement and how qualified immunity undermines that trust.

Zadeh v. Robinson

Corbitt v. Vickers

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

At issue is the private search doctrine in regards to digital devices. DPI argues on behalf of petitioner that greater protection should be given to devices such as cell phones and laptops because the volume and type of material available on those devices is at least, if not more, private than what can be found in one's home.

Brief in Support of Plaintiffs-Appellees In the 5th Circuit Court of Appeals

This amicus brief tackles the issue of disenfranchisement of individuals who have been convicted for certain crimes in Mississippi. DPI and amici argue that the broad nature of the state's disenfranchisement practices are a violation of the Fourteenth Amendment. 

Brief in support of Defendant in the Florida Court of Appeals

DPI explains how the use of the police's covert video surveillance took advantage of the lack of privacy safeguards in the law and failed to utilize adequate minimization techniques to pass Constitutional muster-- therefore the evidence obtained from that surveillance must be excluded.

The Due Process Institute thanks Donnie Murrell for his amicus support on this matter.

Brief in support of Defendant-Appellant in the 5th Circuit Court of Appeals

This case asks the court to consider if the government has pursued a "trial penalty" against a defendant who exercised her right to trial. The prosecution did this by adding charges and recommending a higher sentence.

The Due Process Institute thanks Jonathan Marcus and Michael McIntosh of DC's Skadden office for their amicus support on this matter.

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

At issue in this case is the precedence of the "rule of lenity" doctrine versus Chevron deference in the interpretation of language that defines a crime.

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

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

In this brief we argue that the Sixth Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants. 

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 amicus support on this matter.

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.