Boot Removal Challenge — Excessive Fine Under 8th Amendment
Little Rock applies a $100 immobilization (boot) fee on top of accumulated unpaid citations. Where the boot fee plus underlying citations is grossly disproportionate to the underlying parking violations, an Eighth Amendment / Arkansas Constitution Art. 2 §9 (excessive fines) challenge may apply, especially after Timbs v. Indiana, 586 U.S. ___ (2019), which incorporated the Excessive Fines Clause against the states. Successful challenges require showing the boot fee plus accumulated fines vastly exceeds the gravity of the underlying violations.
Legal basis
U.S. Const. Amend. VIII; Ark. Const. Art. 2 §9; Timbs v. Indiana, 586 U.S. ___ (2019); Little Rock Code Chapter 32
Sample appeal wording
MOTION TO REDUCE / DISMISS — EXCESSIVE FINES The aggregate of $[TOTAL] for [NUMBER] minor parking citations and the $100 immobilization fee is grossly disproportionate to the gravity of the underlying offenses, in violation of the Eighth Amendment and Article 2 §9 of the Arkansas Constitution. Under Timbs v. Indiana, 586 U.S. ___ (2019), the Excessive Fines Clause applies to municipalities. The aggregate fine here cannot survive proportionality analysis. Reduction or dismissal of the boot fee is requested. [NAME, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- U.S. Constitution Amendment VIII
- Arkansas Constitution Article 2 §9
- Timbs v. Indiana, 586 U.S. 146 (2019)
- Little Rock Code Chapter 32