For the third time, the case regarding the forfeiture of a Marion man’s Land Rover went back before the Indiana Supreme Court on Thursday. Justices were asked once again to allow the state to forfeit the vehicle that Tyson Timbs was driving in 2013 when he was arrested for drug dealing.
Civil forfeiture is back before the judicial and the legislative branches of Indiana government. A Senate bill would implement forfeiture reforms that practitioners say have long been necessary, while a case scheduled to go before the Indiana Supreme Court this month for the third time could further refine how trial courts consider whether a forfeiture is lawful.
A federal prisoner scheduled to be executed just days before President-elect Joe Biden takes office has tested positive for coronavirus, his lawyer said Thursday.
An inmate suffered “extreme pain” as he received a dose of pentobarbital during just the second federal execution following a 17-year lag, according to court filings by lawyers representing one of the inmates scheduled to be executed next.
A federal judge has struck down another Indiana abortion law as unconstitutional, continuing a years-long streak of court action against Hoosier abortion legislation. However, the state also secured a victory when the same judge upheld a requirement that abortion clinics be inspected annually.
The Marion man at the center of an Indiana civil forfeiture case that went all the way to the U.S. Supreme Court reached a milestone in his case this week when his vehicle was returned to him. However, the court battle is not over.
It’s been seven years since Marion man Tyson Timbs lost his Land Rover to a law enforcement seizure, but the ensuing forfeiture litigation that has already made its way to the nation’s highest court is now heading into its second round of appeals.
After seven years, two appearances before the Indiana Supreme Court and a trip to the United States Supreme Court, a Marion man fighting for the return of his seized vehicle has won his battle, with a trial court judge ordering the “immediate” return of his SUV. But a pending appeal means the case is not over yet.
A jury verdict against a Marion County sheriff’s deputy in a jail inmate’s excessive force case has been vacated after a federal magistrate judge found insufficient evidence to support an excessive-force conviction.
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.
The Indiana Court of Appeals has affirmed the denial of a man’s motion to dismiss charges brought against him in a new cause after the state sought to refile the case to tidy up the record, finding no abuse of discretion in the decision.
Raising allegations of unconstitutional conditions, the American Civil Liberties Union of Indiana has filed a lawsuit against Wabash County for “chronic” jail overcrowding.
Little more than a year after the United States Supreme Court handed down a landmark decision incorporating to the states the Eight Amendment protection against excessive fines, the Grant County man who bears the name of the case is headed back to trial.
Monetary sanctions potentially exceeding $100,000 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.
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.
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.
A man sentenced to die by lethal injection at the federal prison in Terre Haute was denied a stay of execution in federal court Wednesday, narrowing his remaining appeals and potentially setting the stage for his execution scheduled next month to proceed.
The term “excessive fine” is understandable. Unless you are a member of the Indiana Supreme Court. Then, in the context of civil asset forfeiture, the term becomes an enigma to be parsed in three dozen pages of ridiculous legal logic that even one of the five justices confessed he could not comprehend.
An Indiana prison inmate’s lawsuit alleging corrections officers attacked him and then marched him naked down the range at Indiana State Prison to humiliate him may proceed in large part, a federal judge has ruled.
An Indiana civil forfeiture case that made its way to the United States Supreme Court will now return to the Grant Superior Court after the Indiana Supreme Court developed a framework for determining if the forfeiture of property is excessive under the Eighth Amendment.