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Texas School Police Referred Tens of Thousands of Children to Prosecutors for Minor Misbehavior

An illustration of a police officer standing in front of a school bus and a school | Luckydoor/Tom Dowd/Dreamstime

School resource officers (SROs) in Texas referred tens of thousands of elementary and middle schoolers for prosecution for relatively minor misconduct over the last decade, a news investigation found.

An analysis by The New York Times and the San Antonio Express-News reported that, as the number of SROs in Texas grew, children in Texas ages 10 to 13 were referred to prosecution for misbehaving in school more than 47,000 times since 2014. A referral doesn't necessarily result in charges being filed, but each one represents a minor being taken into police custody and put in contact with the criminal justice system, which can have long-lasting educational, emotional, and financial impacts for students and their families.

"Most of the students were accused of minor offenses, like making threats, using cannabis vapes or lashing out at classmates or teachers," the papers reported. "Few caused serious physical harm."

Among the examples cited by the Times and Express-News were an 11-year-old who bumped into a school counselor, a 10-year-old who said he saw someone on campus with a weapon, and a 10-year-old who kicked an assistant principal after his cellphone was taken away. 

In one case, a 12-year-old girl who refused to go to the principal's office was handcuffed, arrested, and driven to the school police headquarters. "When she would not put her hand on a fingerprint machine, officers twisted her opposite arm behind her back until she screamed and complied, according to body camera footage," the outlets reported.

The analysis found that referrals of children 10 to 13 increased by a greater percentage than referrals of older students. (Children under 10 cannot be prosecuted under Texas law; many other states don't set a minimum age for delinquency.)

The two outlets published another joint investigation in May on how SROs in Texas schools have used heavy-handed tactics, including Tasers and pepper spray, against students over seemingly minor misconduct.

The findings mirror other recent studies. A report published in July by the American Civil Liberties Union (ACLU) of Iowa found that, while SROs were placed in Iowa schools to keep students safe from violence, the threat they most commonly dealt with was illicit vaping.

The number of police in schools nationally dramatically increased in recent years, growing by 23 percent at high schools, middle schools, and elementary schools between 2018 and 2021, largely under the justification of stopping mass shootings and handling violent situations.

Organizations like the National Association of School Resource Officers (NASRO) say that carefully selected, well-trained officers act as a filter and decrease arrests by building strong relationships within the school with staff and students.

Civil liberties groups and disability advocates have long argued that increases in school police and zero-tolerance policies for petty disturbances have fueled the "school-to-prison" pipeline and led to disproportionate enforcement against minorities and students with disabilities. Those groups have been aided by viral news stories of police arresting and assaulting school children.

Following the police killing of George Floyd in 2020 and national calls for police reform, several major school districts across the country ended their SRO programs. 

However, several states that experienced horrific school shootings, like Florida and Texas, moved in the opposite direction, passing laws that required police officers or armed guardians in public schools.

A 2020 Reason investigation described how Florida schools had become a high-stakes experiment in policing after Florida more than doubled the number of SROs across the state following the mass shooting at Marjory Stoneman Douglas High School in 2018. A study published in 2020 found that after the increase, the number of Florida school arrests—which had been declining for years—suddenly started to rise. There was also a sharp increase in the use of physical restraint against students.

A 2021 working paper by the Annenberg Institute at Brown University, which billed itself as the broadest and most rigorous examination at the school level of how SROs impact student outcomes, found that while SROs "do effectively reduce some forms of violence in schools," they did not prevent school shootings or gun-related incidents.

Another study by researchers at the University of Maryland and the firm Westat, who studied several dozen middle and high schools in California, found that increasing the number of SROs led to both immediate and persistent increases in the number of drug and weapon offenses and the number of suspensions and expulsions of students.

The post Texas School Police Referred Tens of Thousands of Children to Prosecutors for Minor Misbehavior appeared first on Reason Magazine.

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2 Recent Cases Illustrate the Limits of a Doctrine That Often Blocks Civil Rights Claims

Mario Rosales holds a citation he received after a traffic stop in Alexandria, Louisiana | Institute for Justice

Since 1871, a federal statute has authorized Americans to sue state and local officials for violating their constitutional rights. But since 1982, thanks to the court-invented doctrine of qualified immunity, such claims have been allowed only when they allege violations of "clearly established" law.

Because courts often require plaintiffs to meet that standard by citing precedents involving closely similar facts, qualified immunity can prove insurmountable even for victims of outrageous abuses. But as two recent cases illustrate, there are limits to this license for misconduct, meaning officials may still be held accountable when they flout longstanding constitutional principles, even when they do so in novel ways.

In 2022, Mario Rosales and Gracie Lasyone sued two Alexandria, Louisiana, police officers, Samuel Terrell and Jim Lewis, alleging that they had pulled Rosales over without legal justification. The cops ordered Rosales and Lasyone, his girlfriend, out of the car and detained them for 21 minutes, during which they grilled the couple about illegal drugs, frisked Rosales, and instructed him to empty his pockets.

Terrell and Lewis sought refuge in qualified immunity. But last month, the U.S. Court of Appeals for the 5th Circuit ruled that Rosales and Lasyone had plausibly alleged several Fourth Amendment violations, including a stop based on a "fabricated traffic violation," an improperly prolonged detention, and unjustified searches.

In reaching that conclusion, the 5th Circuit relied mainly on a 1968 decision in which the Supreme Court said police may detain someone only if they reasonably suspect he is involved in criminal activity and may frisk him only if they reasonably suspect he is "armed and dangerous." Assuming the facts alleged in the lawsuit are true, the three-judge panel unanimously held, Terrell and Lewis had failed both of those tests.

When the officers stopped Rosales, the principles that the 5th Circuit applied had been the law of the land for more than half a century. Terrell and Lewis nevertheless argued that "any constitutional violation arising from the traffic stop was not clearly established," which gives you a sense of the chutzpah that qualified immunity invites.

Police commonly pull drivers over, ostensibly for traffic violations, in the hope of implicating them in drug crimes. A case that the U.S. Court of Appeals for the 8th Circuit considered this month involved a much more unusual scenario: a judge who locked two children in jail cells because he was frustrated by their resistance to a parental custody decision.

During a 2019 hearing in Taney County, Missouri, a divorced couple agreed that the mother would have primary custody of their two children, then 12 and 14. But contrary to that agreement, the children did not want to go home with their mother, which led to an argument in the courthouse lobby.

Judge Eric Eighmy intervened, telling the children they had to leave with their mother and repeatedly warning them that they could end up in foster care if they refused to do so. When that did not work, Eighmy jailed them until they became more cooperative.

"The time spent in the holding-cell area was between twenty and forty minutes," the 8th Circuit noted. And since Eighmy did not have probable cause to believe the children had committed any offense, "much less one that justified placing them in a holding cell," the court said, their confinement clearly violated the Fourth Amendment.

If so, Eighmy argued, he had no way of knowing that. The 8th Circuit panel unanimously disagreed: "As we put it over a decade and a half ago, long before the events in this case, 'it is clearly established that a warrantless arrest, unsupported by probable cause, violates the Fourth Amendment.'"

Notably, the 8th Circuit did not think the bizarre details of the case counted in Eighmy's favor. "We are not concerned about the lack of a prior case" with "fundamentally similar" facts, it said. "Indeed, given how clear the law is, it would have been surprising to find one."

© Copyright 2026 by Creators Syndicate Inc.

The post 2 Recent Cases Illustrate the Limits of a Doctrine That Often Blocks Civil Rights Claims appeared first on Reason Magazine.

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Mississippi A.G. Says Killing of 1-Year-Old Boy Over Stolen Diapers Was 'Justified'

Kohen Wiley against a background of flowers and cards left to remember him | Carlos Kosienski/Sipa USA/Newscom/reshmasaujani/Instagram.Kohen.jpg

On Monday, Mississippi Attorney General Lynn Fitch ruled that the police shooting of 1-year-old boy Kohen Wiley was a "justified" use of force. ​Kohen was fatally shot in June, outside of a Walmart, as cops investigated his mother and her friend for stealing diapers. Fitch didn't explain the reasoning behind the decision or what evidence was considered in a case that has sparked national backlash.

According to a June 14 statement from the Mississippi Bureau of Investigation (MBI), officers from the Senatobia Police Department (SPD) and Tate County Sheriff's Office were responding to a shoplifting call when "officers encountered two subjects and a juvenile child fleeing from the store into a vehicle." They "attempted to stop the vehicle, but the driver drove in the direction of the officers, almost striking one," and the officer then "discharged their weapon and the vehicle fled the scene." The family went to a local hospital, where 1-year-old Kohen Wiley was pronounced dead.​

Kohen's mother, Vellesiya Wiley, has a different version of events, which she outlined in a video on X following the tragedy. She said that after police tried to stop her friend (the driver) outside the Walmart, Wiley continued to go to her car, saying the interaction had "nothing to do" with her. Once she got into the car, her friend arrived and began to back out of the parking spot. Then officers came over to the car, drawing their guns. She says that after she raised Kohen to show him to the officers and try to defuse the situation, they opened fire. "[The police] tried to say that [my friend] forcefully was trying to drive and hit them, but they was all on the right side, and she was driving towards the left….They personally just shot at the car," she said. In the months since the incident, the family held several rallies, demanding justice for Kohen's death.​ 

The tragedy of the shooting has been compounded by a lack of transparency from the SPD, as well as alleged expert analysis that counteracts the MBI's statement. According to reporting from Mississippi Today, Ben Crump, a civil rights attorney who is representing the Wiley family, claims that an independent autopsy conducted by forensic pathologist Robert Mitchell indicates that the bullets entered through the front passenger door, rather than the windshield, suggesting that the officer wasn't in the vehicle's path when he discharged his gun.​

In response to Fitch's announcement on Monday, Crump released a statement asking, "How can anyone accept that conclusion when Kohen's family and the public still have not been allowed to see the body-camera footage?" 

"If the footage supports the state's decision, release it. We will not stop fighting until this family gets the truth," he added. To this point, the SPD has declined to release the footage, saying it's standard procedure during an ongoing investigation.

Crump was also keen to point out complaints of racism in the SPD: "This is a department whose chief was fired after reports of racial slurs in his text messages, and whose officer faced a complaint alleging a racially offensive remark two days before he shot Kohen."​

The SPD's chief at the time, Harold Vanderford, was unceremoniously fired after journalists from Mississippi Today, The New York Times, and Verite News revealed a slew of racist text messages he sent. According to reporting from Verite News, in one of the messages he said he "almost beat a nigger and white woman's ass a few minutes ago." Senatobia's Board of Aldermen rejected his attempted resignation and voted to fire him instead on September 1.

Crump also cited a complaint filed by Officer Dexter Smith, who claimed that Sergeant Hunter Foster, the officer who shot Kohen referred to him as "a black motherfucker" on June 12, just two days before the incident. According to reporting from Mississippi Today, Smith's complaint states that he was filling out paperwork in the booking room when he heard Foster say, "Who is this Black motherfucker back there?" to his colleagues. Smith claims to have had almost no relationship with Foster prior to the encounter.​

It's hard not to feel outraged considering that this little boy lost his life over something as trivial as shoplifting—a misdemeanor in Mississippi that does not justify use of lethal force, as Reason's Joe Lancaster wrote in June—and for diapers no less. With the bodycam footage yet to be released, all the public is left with is the state's word that the investigation found no wrongdoing. Given the multiple instances of racism within the department, it shouldn't come as a surprise if the public isn't content to take them at their word.

The post Mississippi A.G. Says Killing of 1-Year-Old Boy Over Stolen Diapers Was 'Justified' appeared first on Reason Magazine.

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He Campaigned for the East Cleveland Mayor's Opponent. Then Police Came for His Truck.

William Fambrough seen in front of his sound truck | Institute for Justice

Walking through East Cleveland, Ohio, feels a touch like you've wandered onto the set of a postapocalyptic film noir. Grand, gilded homes announce themselves on neighborhood streets, some crowned with turrets, many with windows punched out like missing teeth. Often, no one is home, because no one lives there. It is safer than 1 percent of U.S. cities.

So why did local law enforcement pour considerable time and resources into pursuing a man for a sound truck?

That question is not really a legal one, at least not in the most technical sense. But it is the driving force behind a thorny case a federal court recently resuscitated: Fambrough v. City of East Cleveland, a saga concerning a man whose vehicle became an obsessive target of the East Cleveland Police Department (ECPD) after he used it to campaign for a mayoral challenger.

Some of the facts are in dispute. But the basic gist is as follows: William Fambrough, long a politically engaged East Clevelander, campaigned for Juanita Gowdy—a challenger to then-Mayor Brandon King—by broadcasting messages around the city with his sound truck. That ultimately came to an end after law enforcement impounded the car, cited him for parking and noise violations, and prosecuted him for the latter.

Fambrough sued, alleging the complex legal odyssey set into motion over his step van amounted to First Amendment retaliation, an unreasonable seizure under the Fourth Amendment, and a violation of the 14th Amendment's proscription against selective enforcement. The U.S. Court of Appeals for the 6th Circuit rejected some of those claims. But it resurrected claims against King and his chief of staff, Michael Smedley—depriving them of qualified immunity, the legal doctrine that inoculates state and local government officials from facing lawsuits if their alleged misconduct was not "clearly established" as illegal in prior case law. It also revived Fambrough's retaliation claim against the city.

As the 6th Circuit summarizes: King "says he received a phone call from a resident who complained about Fambrough's sound truck and someone else's box truck being parked in a residential area," so he told someone to take care of it. Scott Gardner, then the city's chief of police, "was concerned about selectively enforcing" the parking ordinance—which prohibits parking a truck in front of residential property, except for loading or unloading—because it is indeed almost never enforced. This was the beginning of a long pursuit, which ultimately saw a swarm of officers dispatched to Fambrough's house in August 2021 to confiscate the vehicle, allegedly resulting in $6,000 in damage. Fambrough also had to pay $528 in fees to get the damaged truck back.

"All the attention City officials gave Fambrough struck Gardner as unusual," the 6th Circuit notes. "The mayor's office wasn't this attentive even in homicide cases. And considering that the City had around only 50 police officers at the time and had 'serious crime problems,' Gardner thought it was odd to devote this much attention to permitting and parking issues." Based on available data, East Cleveland's violent crime rate is 1,409 per 100,000 residents, about four times higher than the national average.

Yet Gardner ultimately got on board. Smedley phoned him on August 9 "extremely upset," according to Gardner, and told the police chief he was "incompetent" for failing to "take care of" Fambrough's sound truck. Smedley wanted the "utmost enforcement as possible." So Gardner sent an email. "Please, find this vehicle and tow it," he wrote to all of ECPD. "Cite the operator with disturbing the peace and loud music. Please contact me as soon as this is complete to claim a surprise." A surprise!

Police succeeded. "On its face, the email told officers to tow Fambrough's truck regardless of whether it was parked illegally," writes the 6th Circuit. "And the Noise Ordinance authorizes seizure only of 'the sound device used,' and only upon conviction. So Gardner's instruction to tow the truck wasn't authorized by municipal law." The court still held that the seizure did not violate the Fourth Amendment. It also gave Gardner qualified immunity, ruling it is not clearly established that someone who acts as a conduit for someone else's alleged retaliation—which here came from the mayor's office—is a "responsible party."

Heather McCollough, the city's assistant law director, subsequently prosecuted Fambrough for allegedly violating the noise ordinance. According to a sworn declaration from Fambrough's attorney, McCollough outlined some of Fambrough's offenses on a call: that he "made complaints about the police department" and filed "public records requests," among other issues. Notably, it is legal to do those things. McCollough was typically willing to resolve minor noise complaints, she added, but not so much in this case, because Fambrough needed to "stand down." (He ultimately pleaded no contest to disorderly conduct, a reduced charge.)

East Cleveland police step van
Institute for Justice

"Only after [Fambrough] began supporting Gowdy's election was the weight of the law thrown against him," the 6th Circuit writes in its analysis of potential municipal wrongdoing. "And the City's police officers didn't uncover Fambrough's violations of their own accord. Instead, City decisionmakers sent them to Fambrough's home each time to enforce the Parking Ordinance. So the timing of the parking-related enforcement actions supports an inference that Fambrough's political speech was the motivating factor—as does the fact that the City rarely enforced the Parking Ordinance against anyone else despite having plenty of opportunities to do so." Incredibly, a photo of another truck can be seen down the street on the same day law enforcement came to fetch Fambrough's vehicle. (The law also includes pickup trucks, so the city arguably has a lot of enforcement to do if it sincerely believes this law matters.)

King allegedly set the chain of events into motion while Smedley took the driver's seat. "Smedley's pattern of incessantly calling and berating Gardner," the 6th Circuit adds, "clashes with the idea that Smedley was chiefly concerned with minor permitting, noise, or parking issues." After all, if that were true, why would the problem appear to begin and end with one person?

Over five years have passed since the ordeal. Although Fambrough is now potentially closer to getting in front of a jury, he has yet to actually state his case, still burdened by the onerous process government actors invoke to kill such suits before the community can assess the merits. King, meanwhile, won that election. He left office in May 2025, however, after he was found guilty of one count of theft in office, four counts of having an unlawful interest in a public contract, three counts of representation by public official or employee, one count of filing a false disclosure statement, and one count of soliciting improper compensation.

The post He Campaigned for the East Cleveland Mayor's Opponent. Then Police Came for His Truck. appeared first on Reason Magazine.

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Georgia Cop Who Shot a Miniature Donkey Says Body Camera Footage Shows an 'Imminent Threat'

Screenshot from a body camera video showing a a handgun drawn at a small donkey | The Civil Rights Lawyer Raw/Youtube/Cedartown Georgia Police Department

The Georgia officer responsible for killing a 1-year-old miniature donkey, HeeHaw, has filed a motion to dismiss the lawsuit against him, claiming the body camera footage proves he "reasonably believed the donkey posed an imminent threat to a fellow officer." But even if it doesn't, the officer argues he is immune from liability. 

In the early morning hours of August 30, Hannah Michelle Israel was at her Cedartown home in western Georgia when she received a distressing phone call. A supervisor with the Cedartown Police Department "tersely informed [Israel] that a donkey on her property had been 'dispatched,'" according to her federal lawsuit. After some clarification, she learned that police had not only entered her enclosed private property in the middle of the night without permission while looking for a missing person, but also shot and killed her miniature donkey in the process. 

Israel immediately set out to search for her beloved pet, HeeHaw, only to find her bottle-raised donkey's lifeless body alone in her field. Israel told ABC7 News the incident has left her "traumatized and shocked." She continued, "I honestly can't even believe he's not here…There's no words."

Demanding accountability, Israel filed a lawsuit in the U.S. District Court for the Northern District of Georgia in September against the shooting officer, Officer Trenton Ryan Garner, for violating her Fourth Amendment rights and submitted a separate demand for $1 million from the City of Cedartown.  

Last week, Garner responded by asking the court to dismiss the case, arguing in part that he did not violate Israel's constitutional rights when he entered her property. Under the open fields doctrine, there is no reasonable expectation of privacy in one's pastureland, even if enclosed. Further, the motion argues, exigent circumstances existed in the search for a missing 12-year-old girl. 

As far as HeeHaw is concerned, Garner claims he acted reasonably by using deadly force and argues the footage clearly shows HeeHaw "charging" and posing an "imminent threat to a fellow officer." 

However, the footage, posted by the Civil Rights Lawyer Raw, may not be so clear-cut. Garner's body camera was off at the time of the shooting but had a "rolling buffer of video," a recording without audio of the 30 seconds preceding activation of the camera, according to court documents. During the silent portion, two officers and a bloodhound are in front of Garner with flashlights in a dark field. A small donkey, roughly 3 feet tall, appears and slowly moves toward one of the officers. The officer backs away slowly, but the donkey moves closer and picks up speed. Garner pulls his gun and fires. The donkey turns and runs before falling over.

Whether Garner reasonably believed HeeHaw posed an imminent threat to his fellow officer may be up for debate.

When the audio kicks in, a fellow officer asks, "Why'd you shoot it up?" "I don't know," Garner responds rather nonchalantly before telling dispatch he had to shoot a donkey because "it was trying to attack." If another officer on the scene wasn't sure why Garner used deadly force, perhaps the decision wasn't so reasonable after all. 

In her lawsuit, Israel accuses Garner of needlessly killing HeeHaw "maliciously…and recklessly, with deliberate indifference…for [Israel's] constitutional rights." The suit continues: "No reasonable officer in…Garner's position would have believed that such force was necessary or justified." 

But whether Garner acted reasonably or not by shooting HeeHaw, qualified immunity may still shield him from accountability. Qualified immunity is a legal doctrine that protects government actors from lawsuits alleging rights violations, unless the right is clearly established. In practice, that means plaintiffs must be able to point to a previous court ruling in a case with the same circumstances to show that the right was obvious to government officials. 

The bar can be quite high to show a right is clearly established. For example, in March, the Supreme Court reversed a 2nd Circuit decision in a case involving an officer who was sued for using a rear wristlock to arrest a protester. The 2nd Circuit denied qualified immunity, reasoning that a previous case from 2004 clearly established that rear wristlocks used to arrest anti-abortion protesters constitute excessive force. But the Court disagreed, stressing that "principles stated generally, such as that 'an officer may not use reasonable and excessive force,' do not suffice." 

And while there may be ample cases involving officers shooting pet dogs, cases involving miniature donkeys are in short supply. If the court finds that there is no clearly established rule that specifically prohibits officers from shooting a miniature donkey moving toward a fellow officer in the dark, the court may end up dismissing the case and sidestepping both the reasonableness and constitutional questions entirely.

The post Georgia Cop Who Shot a Miniature Donkey Says Body Camera Footage Shows an 'Imminent Threat' appeared first on Reason Magazine.

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3 Charlotte Cops Resign After Group Chat Reveals Competition To Arrest the Most Black People

Illustration of a smartphone showing a text conversation, with a file folder in the background with a police officer's photo on it | Oleg Dudko/Dreamstime/Midjourney/Fatima Ruiz.Charlotte.jpg

​Three Charlotte cops have resigned and three more are facing termination after a Flock probe uncovered a text chain littered with racist messages, religious and sexual bias and a reported competition over who could arrest the most black people.

The group chat came to light after Charlotte-Mecklenburg Police Department (CMPD) officer Seth Elliott was caught using Flock's database to out an undercover cop to his drug dealer friend, which sparked an investigation by the North Carolina State Bureau of Investigation (NCSBI).

When questioned by the NCSBI, Elliott, who has since resigned, admitted he ran the plate but denied knowing that it belonged to an undercover officer. He told agents that his friend had reached out to ask if Elliott could help identify a strange person hanging out around his father's business, so Elliott ran the plate through Flock's database.​ According to reporting from the Watauga Democrat, the NCSBI arrested Elliott in July and charged him with " illegally accessing a government computer, a Class 1 misdemeanor."

During its investigation into Elliott, the NCSBI downloaded data from his phone, which it turned over to the CMPD, where a subsequent review uncovered the racist text thread. ​According to anonymous sources who spoke to Charlotte's WBTV, the group chat included "numerous uses of the 'n-word' related to use of force and discharging firearms at black residents," and a competition to see who could arrest the most black people. In one text reportedly written by a member of the group, an officer said, "Our texts sound like a clan [sic] rally," according to a message reviewed by WCNC Charlotte, a local NBC affiliate. At a press conference on Thursday, CMPD Police Chief Estella Patterson said that an independent chain-of-command board unanimously voted for the officers' termination. Three have already resigned and the other three she "hopes to refer to as former employees."

The fallout won't end there. Every case these officers touched could now be called into question, and for good reason. In Giglio v. United States (1972), the Supreme Court ruled that prosecutors must disclose information that could undermine the credibility of a government witness or law enforcement officer. Mecklenburg County District Attorney Spencer Merriweather will have to examine the messages and determine whether their word as witnesses can still be trusted. Depending on his decision, this could lead to dropped cases and challenges to prior convictions.

Defense attorney Tim Emery weighed in, telling WBTV that the officers' "credibility is severely questioned and compromised," and that the district attorney's office should consider halting cases in which the officers were heavily involved.

Police abuse of Flock and other automatic license plate readers (ALPRs) is not new. The Institute for Justice, a libertarian public interest law firm, has cataloged over 200 instances of ALPR abuse at the hands of the police since 2018. In the last year alone, officers have been caught using ALPRs for everything from pursuing personal grudges to stalking exes and romantic interests. This time, the victim of Flock misuse was an undercover officer rather than a civilian.

The post 3 Charlotte Cops Resign After Group Chat Reveals Competition To Arrest the Most Black People appeared first on Reason Magazine.

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How Local Governments Turn Minor Violations Into Financial Ruin

John Stossel holds a copy of the U.S. Constitution | John Stossel

Imagine getting a bill from your local government for $900,000 because they see a greenhouse on your property and just assume you're growing marijuana without a permit.

Imagine government demanding $400,000 because you didn't know to fill out a single-page form.

Or you get slapped with a $100,000 fine for parking your car on your own property.

It sounds absurd, but as my newest video shows, that's really happening.

How can that be? Doesn't America's Constitution say government may not impose "excessive fines"?

It happens because some bureaucrats, savoring their power, act like tyrants.

At least now there is hope for a remedy. One of these excessive fine cases has reached the Supreme Court.

Ken Jouppi worked as a pilot in Alaska for 30 years, until one day, state troopers stopped his plane before takeoff.

"I didn't think we had anything to hide," he says. "They searched the airplane, opened up this lady's boxes of groceries and found beer."

Transporting beer. That was his crime.

"Isn't beer legal in America?" I ask Jouppi's lawyer, Mike Greenberg.

"In most places," he replies. But some towns in Alaska ban beer.

Jouppi was convicted of bootlegging.

Every pilot must know which town has what rule, and search everybody?

"They think pilots should search people's luggage," says Jouppi. "It was such a terrible thing to do to another individual, invade their privacy, and assault their dignity….I just didn't feel right about doing that."

Alaskan officials say the beer was visible, so Jouppi should have known about it. They jailed him for three days and seized his plane.

"That airplane was my primary source of income," says Jouppi. "Without it, I didn't have a business anymore."

I assumed such excessive punishment would be dismissed quickly by a court. But it wasn't.

"Jouppi has been fighting to keep his plane for 14 years," says Greenberg. "The plane is still sitting on a tarmac….It's a ludicrous situation where the state has every interest in going after valuable assets rather than actually fighting supposed harms of alcohol."

Greenberg's law firm, the Institute for Justice, took Jouppi's case, and now the U.S. Supreme Court will hear it.

I hope he wins. It's just wrong when governments destroy lives for small mistakes.

They're also doing that to Tuncay Saydam, a retired professor.

The IRS demands he pay $400,000 because he didn't know to fill out a one-page form about an old bank account in his native Turkey.

"The fines," says Saydam, "will destroy my life….We have never been rich."

His unpaid tax is less than $30,000. But the IRS demands he pay them more than $400,000. A California court upheld that penalty. Northern Californian Chief Magistrate Judge Donna Ryu wrote, "Government suffered a significant tax loss."

Finally, bureaucrats in Humboldt County, California, took aerial photos of people's property to search for unlicensed marijuana farms.

When they saw greenhouses, they fined property owners.

Blu Graham was fined $900,000, "$30,000 a day, when all I've ever done is grow vegetables in my greenhouses."

"There actually was no marijuana on the property!" says Greenberg. "They were just guessing that if you built a greenhouse, this must be connected to marijuana."

Finally, a lawsuit got the county to promise to end its ruinous fine system.

But it took four years.

Why do governments fight to keep outrageous fines that punish largely innocent people?

"Unlike other forms of punishment," says Greenberg, "fines make the government money. The prosecutor's office, state troopers, they get to keep the proceeds. It's an abusive system because they have every incentive to continue to prosecute."

I invited the heavy-fining judges and government lawyers to appear in my video to explain these fines. None would agree to talk about it.

Bureaucrats always want more money. It's a reason the Constitution prohibits excessive fines.

I trust that the Supreme Court will put a stop to these abuses.

COPYRIGHT 2026 BY JFS PRODUCTIONS INC.

The post How Local Governments Turn Minor Violations Into Financial Ruin appeared first on Reason Magazine.

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