An Eighth Amendment Takings Case

By: Michael M. Berger

“We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rover SUV. Why is that a big deal? Two reasons. Fundamentally, it allowed the U.S. Supreme Court to augment its Fourteenth Amendment due process jurisprudence by holding that the ‘excessive fines clause’ of the Eighth Amendment is incorporated into the due process that is guaranteed to all of us. Until now, that was one of the few parts of the Bill of Rights that had not been expressly incorporated. Second, the seizure truly was ‘excessive.’ The maximum fine for the offense committed by Tyson Timbs was $10,000. The state took property worth four times that maximum. The case is Timbs v. Indiana, 2019 DJDAR 1337 (Feb. 20, 2019).”

Read the article here (subscription required).



pursuant to New York DR 2-101(f)

© 2021 Manatt, Phelps & Phillips, LLP.

All rights reserved