Beyond the Brief

The proliferation of video is changing how Americans fight for their civil rights, and much of it is happening right here on YouTube. I’m Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, together with co-host Keith Neely and IJ senior attorney Patrick Jaicomo.

Today, we’re talking with special guest John Bryan, better known as The Civil Rights Lawyer. John knows firsthand how difficult civil rights lawsuits have become–and he previously partnered with IJ to overcome one of the many immunity doctrines that make it nearly impossible for ordinary people to vindicate their rights in court. As IJ unravels that web of government immunity, John has successfully turned to video to help hold abusive officials accountable. We’re using different but complementary approaches to reach the same goals: bringing justice to victims and creating broader legal change.

In 2013, a Clovis, California police officer found out that his girlfriend Desiree Martinez had reported him for physically abusing her—while Desiree was trapped in a room with him, leading to further horrific abuse. Incredibly, the informant was another officer who knew about Desiree’s boyfriend’s history of domestic violence. Desiree later sued that officer informant for enabling the abuse, but an appeals court granted qualified immunity to block the suit. Now, Desiree and IJ are asking the U.S. Supreme Court to make clear that government officials who knowingly place people in danger can be held accountable.

Today we talk with IJ attorneys Anya Bidwell and Patrick Jaicomo about Desiree’s fight for justice. 

Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year.

In America, the government doesn’t get to pick winners and losers in the marketplace. Yet states and cities throughout the country block new business to protect established interests. That’s when IJ steps in. Awa Diagne has been braiding hair for 30 years, but when she tried to open a braiding salon in an Atlanta suburb, the town told her it would provide too much competition. So, Awa and IJ are fighting back.  

Today we talk with IJ attorneys Renee Flaherty and Will Aronin about how IJ is protecting the right to make a living

Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year.

Can the government take your land just because they don’t like you? That’s happening to Brinkmann’s Hardware, a beloved local store in Long Island. After a lengthy fight, the town of Southhold, NY is now trying to take their land away through eminent domain—all to protect another business from competition. Today we talk with Hank Brinkmann and IJ Senior Attorney Jeff Redfern about how Brinkmann’s Hardware went from a small family shop to a champion of property rights—and their path all the way to the Supreme Court.

The Brinkmann family owns hardware stores in Long Island and purchased property with the hope of opening a new store. The town now wants to take the land through eminent domain, simply because they don’t want another store. With the help of IJ, the Brinkmanns are fighting back against this unconstitutional tactic.

Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year.

The film Rebel Ridge came September 6 and shot to #1 on Netflix. It depicts a former Marine’s attempts to get his money back after it was taken by police through civil forfeiture. That story sounded pretty familiar to us at IJ.  

We have been working to dismantle civil forfeiture for decades, but unlike the film’s main character, our clients aren’t vigilantes who take the law into their own hands; instead, they fight back in court. So how accurate is Rebel Ridge’s portrayal of civil forfeiture?  

To find out, we talk with IJ attorney Kirby Thomas West.

Civil forfeiture is the process the government uses to take and sell your property—including cash, cars, and even homes—even if you have not been convicted of—or even charged with—any crime.

Every year hundreds of thousands of Americans lose their property through civil forfeiture—don’t be one of them!

Once your property has been seized by the government there is a byzantine process to get it back. See the steps and pitfalls for navigating a federal forfeiture case in this comprehensive overview.

The Institute for Justice aims to curtail, and ultimately, abolish civil forfeiture, one of the gravest abuses of power in the country today. Unlike criminal forfeiture, which takes property from convicted criminals, under civil forfeiture, property owners do not have to be convicted of a crime, or even charged with one, to permanently lose their cash, cars, businesses or even their homes.

It’s legal to travel domestically with any amount of cash. It’s legal to travel in and out of the U.S. with more than $10k if you declare it. But that doesn’t stop law enforcement from searching travelers’ property and seizing any cash they find without warrants or evidence of a crime. Today we talk with IJ attorneys Jaba Tsitsuashvili and Ben Field about how the government treats carrying cash like a crime and what IJ’s doing to fight back.

Civil forfeiture is the process the government uses to take and sell your property—including cash, cars, and even homes—even if you have not been convicted of—or even charged with—any crime.

Every year hundreds of thousands of Americans lose their property through civil forfeiture—don’t be one of them!

Once your property has been seized by the government there is a byzantine process to get it back. See the steps and pitfalls for navigating a federal forfeiture case in this comprehensive overview.

The Institute for Justice aims to curtail, and ultimately, abolish civil forfeiture, one of the gravest abuses of power in the country today. Unlike criminal forfeiture, which takes property from convicted criminals, under civil forfeiture, property owners do not have to be convicted of a crime, or even charged with one, to permanently lose their cash, cars, businesses or even their homes.

On a typical day, police officers pull over more than 50,000 drivers. If you’ve had a recent encounter with police, chances are good it was during a traffic stop. Traffic stops can lead to searches, arrests, and worse, yet they seldom involve a [search] warrant. So how did vehicles become Fourth-Amendment-free zones? 

Today we are joined by Josh Windham, the leader of IJ’s Project on the Fourth Amendment. We’ll explore how traffic stops are driving a hole through the Fourth Amendment and how IJ is pushing back.   

Did police search your car? Did they fail to get consent or a warrant? We want to hear from you!

IJ attorneys will review your potential case.

The freedom of speech protected by the First Amendment is a foundational and cherished right that sets America apart from other constitutional democracies.   

Many people think of the First Amendment in the context of controversial speech on highly politicized issues. But did you know that some of the most important free speech cases today involve uncontroversial speech on issues that matter to ordinary Americans in their daily lives?   

Today we have with us IJ Senior Attorneys Paul Sherman and Robert Johnson to discuss this trend and why it is affecting more and more Americans.   

Central to the mission of the Institute for Justice is reinvigorating the founding principles of the First Amendment to the U.S. Constitution. We seek to defend the free flow of information—information that is indispensable to our democratic form of government and to our free enterprise economy.

As our listeners probably know, civil forfeiture is legal practice that lets the government take and keep your property by claiming it’s connected to a crime, without needing to convict anyone.  You can lose your property even when the government agrees you’re innocent. 

Recently, the Supreme Court decided an important forfeiture case. While the outcome was disappointing, the way they decided it gives us hope that the high court is finally ready to rein in this form of theft-by-government. 

Today we chat with IJ attorneys Dan Alban and Kirby Thomas-West to discuss Culley v. Marshall and what it means for the fight against civil forfeiture.

Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year.

Imagine a SWAT team raids a house—battering doors, breaking windows, and coating everything inside with tear gas residue.  Now imagine the SWAT team had the wrong address. Who do think would pay for the damage?  If you said insurance, you’re probably wrong. If you said the city, you’re probably also wrong. 

Today, IJ attorneys Jeff Redfern and Dylan Moore talk with us about this nightmare situation facing homeowners across America – and how the Institute for Justice is fighting to change it.

Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year.