Private Property Cases
Immunity and Accountability | Private Property | SWAT Destruction
Innocent Family Seeks to Hold SWAT Team Accountable for Raiding the Wrong Home
A North Carolina family is seeking to hold SWAT teams accountable for raiding the wrong home in April 2024.
Eminent Domain | Private Property
New Petition Asks Supreme Court to Overturn Infamous Kelo Eminent Domain Decision
Can the government take your property just to hand it over to your business competitor? That is the question New York developer Bryan Bowers asked the United States Supreme Court after New York’s…
4th Amendment Project | License Plate Readers | Private Property
Federal lawsuit challenges city's prolonged, warrantless surveillance of entire driving public
Norfolk, Virginia has installed more than 170 cameras across the city that watch drivers' every movement. Now, two Norfolk-area residents have teamed up with the Institute for Justice to file a federal lawsuit challenging the…
Private Property | Private Solutions to Public Problems | Right to Shelter | Zoning Justice Project
With Winter Coming, the Institute for Justice Sues Kalispell, Montana, to Keep Warming Shelter Open
The Flathead Warming Center—an emergency shelter in Kalispell, Montana—suffered a cruel blow as winter approaches. On September 16, 2024, the Kalispell City Council voted 6-3 to revoke the Warming Center’s permit, even though it…
Immunity and Accountability | Private Property | SWAT Destruction
The FBI Raided the Wrong Home—the Government Refuses to Pay for the Damage
FBI agents raided the wrong home in suburban Atlanta. Now the federal government refuses to compensate the victims even though Congress passed a law permitting suits for damages caused by federal employees.
4th Amendment Project | Open Fields Doctrine | Private Property
Pennsylvania man files federal lawsuit challenging law allowing Fish and Boat Commission to enter property without warrant
A Pennsylvania man is challenging a state law that gives "fish cops" broad power to enter private property without a warrant after an officer repeatedly trespassed at his lakeside cabin.
Immunity and Accountability | Private Property
Woman Seeks to Hold Police Accountable for Mistaken Identity Arrest
An innocent Texas woman was arrested in a case of mistaken identity while getting off a cruise in 2022. Now, she's suing Broward County for the unconstitutional arrest.
Other Property Rights Abuses | Private Property
Property Owner Sues Macon-Bibb County Over Unconstitutional Home Demolition Practice
Macon-Bibb County has demolished hundreds of homes in a secret process. One homeowner, whose house was demolished while he was actively renovating it, is fighting back.
Housing Abundance and Affordability | Private Property | Private Solutions to Public Problems | Zoning Justice Project
Santa Clara Winery Sues to End Unconstitutional Zoning Code Fines
Owners of a historic vineyard and winery provided safe, affordable housing for their long-time employee and his family. For that, they have been fined more than $120,000.
Economic Liberty | Private Property | Zoning Justice Project
Hair Braider Sues After City Blocks Her Business for Providing Too Much Competition with Existing Shops
In America, the government doesn’t get to pick winners and losers in the marketplace. Businesses compete, and the consumer ultimately decides which services or products they want. The idea that anyone can open a…
Civil Forfeiture | Private Property
Family Jewelry Business Fights Back to End Predatory Civil Forfeitures at Indianapolis FedEx Hub
Henry and Minh Cheng, who run a wholesale jewelry business, are fighting Indiana to keep money a customer sent them through FedEx. Indiana police seized the money and prosecutors are trying to take it through…
Immunity and Accountability | Private Property
New petition asks Supreme Court to let woman’s suit against her abuser’s enabler move forward after nearly a decade in court.
Desiree Martinez bravely reported to the police the abuse she had suffered at the hands of her boyfriend, Kyle Pennington. But Pennington was a police officer, and came from a family of officers. Instead…
Immunity and Accountability | Other Property Rights Abuses | Private Property
Courts Say City Owes Her Over $200,000; But Now She Has to Sue Again to Get Paid
Courts say Okay, Oklahoma owes Melisa Robinson for damaging her property. But the city won't pay. That violates her Fifth Amendment right to just compensation.
First Amendment Retaliation | Immunity and Accountability | Private Property
Murphy v. Schmitt
Have you ever heard of someone being arrested and sent to jail for walking on the wrong side of the road? Probably not — because police officers never, or almost never, arrest people for…
Immunity and Accountability | Private Property | SWAT Destruction
Family seeks to hold officer accountable after he led SWAT raid at wrong house
Everyone who visits a home for the first time—including delivery drivers, plumbers, and Girl Scouts—knows that you have to make sure you have the right address before barging in. Somehow, Waxahachie Police Department (WPD) Lieutenant…
4th Amendment Project | Open Fields Doctrine | Private Property
Lawsuit Challenges Warrantless Searches of Land
Louisiana game wardens have entered Tom Manuel's land uninvited and without a warrant multiple times. He's asking courts to follow the Louisiana Constitution and protect private property from unreasonable searches.
Economic Liberty | First Amendment | First Amendment Retaliation | Immunity and Accountability | Other Property Rights Abuses | Private Property
Virginia food truck owners file federal lawsuit after raging town councilmember damaged truck, town council repeatedly harassed them
Theslet Benoir and Clemene Bastien are a married couple that immigrated to the United States from Haiti in 2005. They received asylum, settled in Parksley, Virginia, and opened a brick-and-mortar store that caters to the…
Economic Liberty | Private Property | Small and Home-Based Business | Zoning Justice Project
Michigan Couple File Lawsuit Against Brooks Township For Violating Michigan Constitutional Right To Open Business
A Michigan couple fight Brooks Township's ban on new cemeteries, enacted specifically to stop them from opening a conservation burial ground on their own property.
Immunity and Accountability | Other Property Rights Abuses | Private Property | SWAT Destruction
A Police Raid Wrecked Her Home; Now a South Bend Mom Fights for Compensation
In South Bend, a SWAT team raided the wrong home, leaving a single mom with thousands of dollars in damage not covered by insurance. She is suing for compensation.
Eminent Domain | Private Property
Small Businesses Sue St. Louis Suburb to Save Their Locations From Bogus Blight Designation
A St. Louis suburb is trying to pave the way for a massive redevelopment by calling well-kept loved family businesses.
Immunity and Accountability | Other Property Rights Abuses | Private Property | SWAT Destruction
Tennessee Couple Fights for Compensation After SWAT Team Destroys Their Home
Who pays when the government destroys private property for a public purpose, such as getting a fugitive off the streets? The answer should be clear: if the government breaks it, the government buys it.
4th Amendment Project | Private Property
New Jersey Parents File Federal Class Action Lawsuit Challenging State’s Secret Retention of Newborn Blood for 23 Years
New Jersey families challenged the state's policy of keeping blood from every baby born in the state. The state has given samples to law enforcement without a warrant.
Immunity and Accountability | Private Property
Mother asks Supreme Court to hear case challenging immunity for school officials who abused her daughter
A New Orleans-area mother of a young girl is asking the United States Supreme Court to hear her case challenging a lower court’s decision to shield all violence by public-school officials from constitutional review. In…
Eminent Domain | Private Property
Ocean Springs Property Owners Challenge Secret Slum Designation in Federal Lawsuit
Ocean Springs, Mississippi declared properties in parts of the city blighted slums in a secretive process. Now, property owners are suing to protect their homes, businesses, and a church.
Civil Forfeiture | Private Property
Innocent Security Deposit Box Renters Demand FBI Return Missing Property
After giving up on using civil forfeiture to claim their safe deposit boxes, the FBI did not return all of Don, Jeni, and Michael's property. They are suing to get their missing coins and cash…
Eminent Domain | Private Property
Texas Family Fights to Defend Property in Historically Black Neighborhood from Port's Land Grab
Retired military nurse Pam Tilley grew up in the East End of Freeport, Texas—a historically black neighborhood that was filled with a vibrant community of homes, stores, and churches. First established in the 1920s…
Lawsuit from Oklahoma Small Business Challenges Administrative Courts Handing Down Ruinous Fines
A small masonry business challenges the constitutionality of agency courts that impose devastating fines without a jury trial or independent court.
Immunity and Accountability | Private Property
Task-Force Immunity and Accountability
Can a local police officer launder her lies and deceit through a state-federal task force to hide behind absolute federal immunity? IJ doesn’t think so, but with the help of the federal government, St.
Immunity and Accountability | Private Property
Louisiana Inmate Held 525 Days Past His Release Seeks Justice
Percy Taylor was kept in a Louisiana prison 525 days past his release date. He is not alone in being held beyond his sentence in a Louisiana detention facility. In January 2023, the U.S.
Immunity and Accountability | Private Property | SWAT Destruction
Innocent Small Business Owner Seeks Compensation After Shop Destroyed by SWAT Team
For thirty years, Carlos Pena ran a print shop in North Hollywood. His world was turned upside down, however, in August 2022, when a fugitive forced his way into Carlos’s shop and barricaded himself inside…