Last week, in United States v. Washington, the Third Circuit held that selective enforcement claims against law enforcement officers are not subject to the insurmountable discovery standard that has long thwarted selective prosecution claims. This opinion is the product of a nationwide effort to challenge the racially selective use of fictitious stash house stings.
These stings permit the government to script its enforcement practices to trigger harsh mandatory minimums. Troublingly, Columbia Law School professor Jeffrey Fagan has found powerful evidence that the government selectively targets people of color for these sting operations. As we have previously written, the University of Chicago Law School’s Federal Criminal Justice Clinic (FCJC) is working with attorneys nationwide to challenge this discriminatory practice.
With Washington, these attorneys scored an important victory. Professor Alison Siegler, Director of FCJC, offers this writeup:
I’m writing to note a truly groundbreaking aspect of United States …