excessive-fines-clause
11 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-902 | Novartis Pharmaceuticals Corporation v. Robert F. Kennedy, Secretary of Health and Human Services, et al. | Third Circuit | 2026-02-02 | Pending | anti-injunction-act civil-penalty drug-price-negotiation excessive-fines-clause fifth-amendment first-amendment | The Drug Price Negotiation Program (Program) threatens enterprise-destroying fines unless a drug manufacturer both provides its products at government… | |
| 24-549 | Stephen B. Grant, on Behalf of the United States and the State of Iowa v. Steven Zorn, et al. | Eighth Circuit | 2024-11-15 | Denied | Response RequestedResponse WaivedRelisted (3) | civil-penalty eighth-amendment excessive-fines-clause false-claims-act qui-tam statutory-damages | 1. Whether the FCA's statutory civil penalty must be limited to a single-digit multiplier of the actual damages under the Eighth Amendment, in a non-i… |
| 24-55 | Montana v. Robert Murray Gibbons | Montana | 2024-07-18 | Denied | eighth-amendment excessive-fines-clause financial-burden financial-circumstances mandatory-fine mandatory-fines proportionality proportionality-factors sentencing sentencing-discretion | Whether the Excessive Fines Clause requires the sentencing judge to consider a defendant's personal financial circumstances and the nature of the burd… | |
| 22-996 | Tawanda Hall, et al. v. Andrew Meisner, Oakland County Treasurer, et al. | Sixth Circuit | 2023-04-13 | Denied | civil-forfeiture civil-procedure civil-punishment constitutional-law due-process eighth-amendment excessive-fines excessive-fines-clause property-forfeiture takings tax-foreclosure | Whether the forfeiture of property worth far more than needed to satisfy a debt plus interest, penalties, and costs is a fine within the meaning of th… | |
| 22-468 | Daniel James Altstatt v. City of Sacramento, California | California | 2022-11-18 | Denied | bajakajian-factors civil-penalty civil-rights due-process eighth-amendment excessive-fines excessive-fines-clause fourteenth-amendment incorporation-doctrine united-states-v-bajakajian | Following the Court's ruling in Timbs v. Indiana, 139 S. Ct. 682 (2019), which held that the Excessive Fines Clause of the Eighth Amendment is incorpo… | |
| 22-177 | Monica Toth v. United States | First Circuit | 2022-08-29 | Denied | Amici (2)Relisted (5) | bank-secrecy-act civil-penalties civil-penalty deterrence deterrent-penalty eighth-amendment excessive-fines-clause fbar foreign-bank-accounts | The Bank Secrecy Act and implementing regulations require U.S. persons to file an annual report—called an FBAR—if they have foreign bank accounts cont… |
| 21-695 | Bennie Anderson v. New Jersey | New Jersey | 2021-11-12 | Denied | Response Waived | constitutional-scrutiny eighth-amendment excessive-fines excessive-fines-clause national-importance pension-seizure public-pensions punitive-forfeiture punitive-forfeitures state-action | Can a state insulate its punitive forfeitures from federal constitutional scrutiny by limiting the definition of what constitutes a "fine" for purpose… |
| 21-5305 | Alejandro Rosales-Gonzalez v. United States | Eleventh Circuit | 2021-08-05 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2)IFP | ability-to-pay circuit-split constitutional-consideration constitutional-law criminal-fines eighth-amendment excessive-fines excessive-fines-clause fine-assessment indigent-defendant judicial-discretion | Anyone can go to prison, but not everyone can pay a fine. The district court here imposed a $4,000 fine against Mr. Rosales-Gonzalez, an indigent, non… |
| 19-1344 | Lahkwinder Singh v. United States | Ninth Circuit | 2020-06-05 | Denied | Response Waived | circuit-split criminal-forfeiture deprivation-of-livelihood eighth-amendment excessive-fines excessive-fines-clause livelihood-deprivation proportionality-analysis sentencing | Whether this Court should resolve the conflict between the circuits regarding whether the 'deprivation of livelihood' should be included in the prop… |
| 19-7624 | Jerome Shaw v. United States | Second Circuit | 2020-02-12 | Rehearing | Response WaivedRelisted (2)IFP | acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing | Whether the District Court violated Petitioner's Due Process Rights when it erroneously found that the Government had sustained its burden of proof … |
| 19-719 | Dami Hospitality, LLC v. Colorado Department of Labor and Employment, Division of Workers' Compensation | Colorado | 2019-12-06 | Denied | ability-to-pay civil-rights constitutional-law criminal-fines criminal-procedure criminal-sentencing due-process eighth-amendment excessive-fines excessive-fines-clause proportionality sentencing | How is an offender's ability to pay relevant in determining whether a fine is unconstitutional under Excessive Fines Clause of the Eighth Amendment? |