Excessive Fines Clause – La. Const. Art. I §20 & U.S. Const. Amend. VIII
Louisiana's Constitution (Art. I §20) and the Eighth Amendment prohibit excessive fines. Following Timbs v. Indiana, 586 U.S. ___ (2019), the Excessive Fines Clause is incorporated against the states. Where parking fines stack with late fees, immobilisation fees, tow fees, storage fees, and per-day penalties — sometimes growing from a $20 base into $400+ — the cumulative penalty may be challenged as constitutionally excessive relative to the harm.
Legal basis
La. Const. Art. I §20; U.S. Const. Amend. VIII; Timbs v. Indiana, 586 U.S. ___ (2019); United States v. Bajakajian, 524 U.S. 321 (1998)
Sample appeal wording
Central Adjudication Bureau / [Parish] Court Re: Citation [CITATION_NUMBER] CONTEST – EXCESSIVE FINE (La. Const. Art. I §20; U.S. Const. Amend. VIII) The base fine of $[BASE] for [VIOLATION] has escalated to $[TOTAL] through [list: late fees, boot fees, tow, storage, etc.] — a multiplier of [TOTAL/BASE]. Under La. Const. Art. I §20 and the Eighth Amendment as incorporated by Timbs v. Indiana, 586 U.S. ___ (2019), a fine 'grossly disproportional' to the offence violates due process. Under United States v. Bajakajian, gross disproportionality looks to (1) the gravity of the offence, (2) other criminal penalties for similar conduct, and (3) harm caused. A [VIOLATION] caused no measurable harm, yet the cumulative penalty rivals criminal misdemeanour fines. I request reduction to the base fine of $[BASE] (or dismissal in full). [NAME] | [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- La. Const. Art. I §20
- U.S. Const. Amend. VIII
- Timbs v. Indiana (2019)
- United States v. Bajakajian (1998)