Excessive Fines in the TPVA; Driver's Responsibility Fee Case Moves Forward
If you live on Long Island, you heard about the dreaded TPVA; Nassau and Suffolk both have a Traffic and Parking Violations Agency. It is perhaps worse if you are simply passing through and hear that one TPVA charges exorbitant fees that double and triple over time. This case discussed below is a bit more interesting because of the Excessive Fines Clause decision recently rendered by the Supreme Court ("Timbs v. Indiana" or "Timbs") of the United States yet no one has challen
Excessive Fines, Car Forfeiture and RBG; Timbs v. Indiana
The Supreme Court, led by Ruth Bader Ginsburg, rendered a decision that incorporates another federal constitutional amendment's applicability to the state. The Eighth Amendment provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Unlike other forms of punishment that impose costs on government, fines create revenue. Until Timbs v. Indiana, 138 S. Ct. 2650 (2018) (“Timbs”), the Supreme Court of the United S
Fair Housing Act - Disparate Impact Case
The justice system in the United States allows for those facing a crime in New York, Federally and throughout the rest of the states to have due process, the ability to have a fair trial, present evidence and defend the charges. Once convicted of a crime, however, many lose their rights. The 13th Amendment of the United States Constitution makes this explicit. By plea or by trial, many suffer the loss of constitutional freedoms through conviction. Jackson v. TRYON PARK APARTM
New York Criminal Assault won't stop Civil Assault Lawsuit SDNY Rules
The rapper 2 Chainz hired a body guard that assaulted a camera-toting civilian, a photographer, that resulted in injury and criminal charges. The assault charge(s), a New York misdemeanor, became the subject of negotiation and, ultimately, a “re-pleader” type situation. New York City criminal courts often utilized "re-pleader" charges where other courts might call this an interim plea. The negotiation is one that allows the prosecutor to withdraw the guilty plea to a lesser o
NY Freedom of Information Law (FOIL); Substantially Prevailing & Awarding Attorney's Fees
In this Freedom of Information law (“FOIL”) hybrid case, Petitioners were taxpayers seeking, among other things, records concerning similar property sales used by the town assessor. A hot topic issue these days (especially in Nassau County), the property tax assessments should bear some reasonable relationship to other similarly situated properties one would think? The Petitioners sought to find out. The records are public and the request is made. The Respondents responding a
