Monday, September 26th, 2016

Defense attorneys move to dismiss cases based on equal protection violations

Defense attorneys in Chicago have moved to dismiss cases on the basis that the Bureau of Alcohol, Tobacco, Firearms and Explosives (the ATF) violated the equal protection clause by targeting people of color for its fake stash house sting cases.  The Federal Defenders, CJA Panel attorneys, and the Federal Criminal Justice Clinic at the University of Chicago have moved to dismiss three cases and plan to move to dismiss seven more in the coming weeks.

The motions are supported by a study conducted by Columbia Law School Professor Jeffrey Fagan.  The study ruled out race-neutral reasons for the selection of individuals targeted for the stings.

You can read more about the challenges, and access Professor Fagan’s study, here.


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