Marie Miller is an attorney with the Institute for Justice. Her practice focuses on immunity and accountability, property rights, and free speech rights.
Marie received her law degree from Indiana University’s Maurer School of Law. She holds masters degrees in music and public affairs and a bachelor’s degree in music. After law school, Marie clerked for Chief Justice Loretta H. Rush of the Indiana Supreme Court and Judge Michael S. Kanne of the U.S. Court of Appeals for the Seventh Circuit.
Marie is licensed to practice law in Indiana and in Arizona.
Marie's Cases
4th Amendment Project | Immunity and Accountability | Private Property
Atlanta Woman Sues Officers, U.S. Government for Wrongly Raiding Her Home in Search of Man Already in Jail
More than a dozen heavily armed law enforcement officers stormed Cathy George's apartment, looking for a fugitive who had no connection to Cathy and who was already in custody.
4th Amendment Project | Immunity and Accountability | Private Property
Portland Family Files Lawsuit After SWAT Team Arrested Innocent 16-Year-Old at Gunpoint
Parents sue after a SWAT team detained their innocent 16-year-old son at gunpoint as he walked to lunch.
Immunity and Accountability | Private Property
US Citizen and Army Veteran Submits Claims for Unconstitutional Immigration Detention
George Retes, a U.S. citizen and Iraq War veteran, was detained for three days after encountering an ICE roadblock on his way to work.
4th Amendment Project | Immunity and Accountability | Private Property
Woman Traumatized by False Arrest Sues US Marshals
Penny McCarthy was mistaken for another woman and violently arrested by armed U.S. Marshals. She is suing over the violation of her Fourth Amendment rights.
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.
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…
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 such…
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.
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. Paul…
Civil Forfeiture | Private Property
Indiana Supreme Court Rules Property Owners in Civil Forfeiture Cases are Entitled to a Jury Trial
Indiana Jury Trials The right to a trial by jury is fundamental to our system of justice. Particularly when the government is trying to confiscate property, the jury (as one court has put it) “stands…
4th Amendment Project | Immunity and Accountability | Private Property
Couple Sues Alexandria Over Unconstitutional Traffic Stop and Roadside Interrogation
Mario Rosales and his girlfriend were pulled over for failing to signal, but a police camera clearly showed him signaling. Now Mario is suing over the Alexandria Police Department's "fishing trip" traffic stops.
Cosmetology | Economic Liberty
Licensed Eyelash Extension Specialist Sues for Right to Do Job
Brandy Davis is a licensed eyelash extension specialist who is being blocked from doing her job by the Oklahoma Board of Cosmetology and Licensing. She's suing in state court to challenge the board's licensing requirements.
Immunity and Accountability | Private Property
Lawsuit Appeal Asks Court If Deputy Should Get Immunity Even Though His Actions Landed Him in Prison
Mario Rosales was held at gunpoint by an off-duty sheriff's deputy even though he had done nothing wrong. Still, a court granted the officer qualified immunity and dismissed Mario's civil rights lawsuit.
Immunity and Accountability | Private Property
Byrd v. Lamb
When police violate the rights of Americans, as they did to Kevin Byrd and Hamdi Mahmoud, they should be held accountable. IJ is asking the Supreme Court to take both of these cases and ensure…
Civil Forfeiture | Private Property
Indiana Forfeiture Defense Appeal
The state of Indiana is attempting to make Terry Abbott win back his seized money in court without a lawyer. However, IJ has stepped in to defend Terry on appeal and is urging the court…
Cosmetology | Economic Liberty | Occupational Licensing
Oklahoma Eyebrow Threaders File Lawsuit Against Irrational Licensing Requirement
Oklahoma requires eyebrow threaders to spend 600 hours learning skills that have nothing to do with eyebrow threading. This useless regulation prevents people from earning an honest living, which is why two eyebrow threaders have…
First Amendment | First Amendment Retaliation | Private Property
Small Wisconsin Town Weaponizes Code Enforcement to Enrich a Private Law Firm and Target Its Critics
The town of Eagle, WI works with a private law firm to punish residents who speak out against town officials by hitting them with excessive fines and fees through the code enforcement process. Victims of…
First Amendment | First Amendment Retaliation | Immunity and Accountability
Texas Woman Fights Back After Local Officials in Castle Hills Have Her Arrested and Jailed For Criticizing City Government
After she won her election to city council, Sylvia Gonzalez immediately began getting harassed by city officials whom she had criticized in the past. It got so bad she was even arrested and thrown in…
North Carolina Parents Join Forces To Defend The State’s Opportunity Scholarship Program (“OSP”) From Yet Another Legal Attack
North Carolina’s Opportunity Scholarship Program is the most popular school choice program in the state and offers a quality education for more than 12,000 students. Now, a coalition of parents has joined forces with IJ…
Marie's Research & Reports
Immunity and Accountability
Constitutional GPA
Constitutional rights only exist if they can be enforced. But a confusing patchwork of immunity doctrines and special rules often means they cannot be. Chief among the doctrines that prevent constitutional accountability is qualified immunity,…
Marie's Amicus Briefs
Aprileo v. Clapprood, et al.
United States Court of Appeals for the First Circuit
Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc.
Indiana Supreme Court
State of Indiana v.Daniel Cespedes-Gomez
Lake County, Indiana, Superior Court
Thompson v. Clark
U.S. Supreme Court
Mitchell v. Kirchmeier
8th U.S. Circuit Court of Appeals
Stewart v. City of Euclid
U.S. Supreme Court
Marie's News, Articles & Publications
Marie's Podcasts
April 10, 2026
Short Circuit 423 | Civil Forfeiture Flowcharts
The Institute for Justice is once again taking a close look at civil forfeiture. One of IJ’s leaders in our civil forfeiture work, Dan Alban, […]
Listen NowApril 06, 2023
Short Circuit 266 | School Choice Special
On a special Short Circuit IJ’s Marie Miller sits down with a trio of school choice experts to provide an overview on where school choice […]
Listen Now