United States Second Circuit

Judgment ordering forfeiture of claimants' residence to plaintiff is vacated as to claimant wife, as the Excessive Fines Clause of the Eighth Amendment precludes forfeiture of her entire one-half interest in the residence where the extent of the forfeiture bears no correlation either with the wife's minimal culpability or any harm she purportedly caused.

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

• WESLEY, Circuit Judge:, Before:  McLAUGHLIN, WESLEY, Circuit Judges, SESSIONS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jonathan Einhorn, New Haven, Connecticut, for Claimant-Appellants.


• For Appellees:
  
• David X. Sullivan, Assistant United States Attorney on behalf of Kevin J. O'Connor, United States Attorney for the District of Connecticut (Sandra S. Glover, Assistant United States Attorney for the District of Connecticut, on the brief), for Plaintiff-Appellee.