Articles

DTCI: Civil Forfeiture and the Eighth Amendment, Part Two

Attorneys representing governmental entities will serve their clients well to read the Indiana Supreme Court’s opinion from Timbs, which will provide insights into certain issues the court considers important in evaluating claims that a specific forfeiture violated the respondent’s rights under the Excessive Fines Clause of the Eighth Amendment.

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Reversal: Indianapolis police immune in teen’s death linked to handcuffing

Despite multiple 7th Circuit decisions finding police at fault for injuring individuals by excessive handcuffing, a panel from the Chicago court has granted qualified immunity to two Indianapolis police officers in the death of a teenager because none of the previous cases specifically give arrestees the right to not be handcuffed after complaining about difficulty breathing.

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Judge orders sanctions against state attorney, DOC in prisoner litigation

Monetary sanctions and default judgment have been entered against state defendants and their attorney in a prisoner case that the presiding federal judge said “shattered” her trust in the defendants’ litigation practices. The judge also imposed new requirements on lawyers in the Indiana Attorney General’s office who defend the Department of Correction in prisoner civil-rights cases.

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