# Eighth Amendment's Excessive Fines Clause applies to the states

The Supreme Court held in Timbs v. Indiana, 2019 WL 691578 (2019) that the Eighth Amendment's Excessive Fines Clause applies to the states by incorporation into the due process clause of the fourteenth amendment. Tyson Timbs had pled guilty to drug crimes that had a maximum fine of $10,000 but the police had seized his car in a civil forfeiture even though the car was worth$42,000 or more than four times the maximum fine for the crime. The trial court had found the forfeiture to be unconstitutional because it was so grossly disproportionate to the gravity of his offense. While that ruling was upheld by the appeals court, it was overruled by the Indiana Supreme Court on the ground that the Excessive Fines Clause did not apply to the states. That opinion was reversed by the United States Supreme Court and the case remanded for proceedings consistent with it which will likely devolve to the trial court's determination that the forfeiture was excessive and unconstitutional.