Case of Alaska trying to seize pilot's plane over 6-pack of beer heads to SCOTUS

The U.S. Supreme Court said Monday it will take up the case of an Alaska bush pilot who says state officials went too far when they sought to confiscate his $95,000 airplane after a passenger carried a six-pack of beer on a flight headed to a village where alcohol is prohibited.

Kenneth Jouppi, the pilot at the center of the dispute, filed suit in an effort to stop the state from seizing his aircraft following his conviction on an alcohol-related misdemeanor.

Alaska’s highest court previously sided with the state, concluding that Jouppi’s plane could be taken under criminal forfeiture laws.

The Supreme Court will review a case where Alaskan authorities are trying to illegally seize pilot Kenneth Jouppi’s $95,000 airplane. Gage Skidmore/ZUMA / SplashNews.com

But on Monday, the nation’s top court agreed to review the legal fight, giving Jouppi another chance to challenge the attempted forfeiture.

Jouppi contends that forcing him to give up his 1969 Cessna would amount to an unconstitutional punishment under the Eighth Amendment’s Excessive Fines Clause.

The Supreme Court is expected to hear arguments in the case this fall.

“I’m in my 80s now, and I’ve been fighting this for over a decade because I see it as my duty to ensure that the Bill of Rights actually means something in protecting against government overreach,” Jouppi said in a statement issued by his lawyers with the Institute for Justice.

The case dates back to April 2012, when Jouppi was getting ready to transport a passenger from Fairbanks to Beaver, a remote Alaska village that bans alcohol.

The passenger had packed beer with other groceries in her luggage.

State Police troopers searched Jouppi’s plane before it departed and spotted a six-pack of Budweiser in a shopping bag.

Jouppi, his company and the passenger were charged with a misdemeanor offense of knowingly transporting an alcoholic beverage into a dry community.

Ken Jouppi sits in a hanger with an airplane in the background.

A passenger on Jouppi’s plane back in April 2012 brought a six-pack of beer on a flight headed to Beaver, a remote village where alcohol is banned, as the individual pleaded guilty, followed by Jouppi being convicted by a jury. James Wilson via AP

The passenger pleaded guilty.

A jury convicted Jouppi and the company after a trial.

A judge sentenced him to three days in jail.

Jouppi’s attorneys say Alaska’s high court examined his conduct “purely in abstract terms” and didn’t evaluate whether it was part of a broader pattern of criminal activity.

And they say it wasn’t.

“Few excessive fines cases will present the issue so sharply; a decision upholding the forfeiture of an airplane for a six-pack is a self-recommending candidate for review,” lawyers from the Institute for Justice wrote in their appeal.

In response, lawyers from the Alaska Attorney General’s office argued that the state Supreme Court’s “fact-bound decision” should be allowed to stand.

“Courts across the country apply a multi-factor test to determine whether a fine or forfeiture is grossly disproportional to the gravity of the offense,” they wrote.

“Jouppi does not claim that the four-part standard applied by the Alaska Supreme Court is wrong, only that the court misapplied settled law by giving too much weight to some factors and not enough weight to others.”

Jouppi’s attorneys argue that the ruling from the state’s highest court conflicts with case law established in other courts, including U.S. Supreme Court precedent.

“The Excessive Fines Clause was built for cases like this,” they said.

Alaska’s attorneys said Jouppi hasn’t shown how punishing him with forfeiture of his plane is “grossly disproportional to the gravity of his offense.”

“Alcohol abuse is a serious problem in rural Alaska, and airplanes are sometimes the only realistic means to commit the crime of alcohol importation,” they wrote.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Long Island Sound shows signs of a comeback as water quality continues to improve

Long Island Sound Water Quality Improves, Fueling Hope for a Comeback

Billions of dollars invested in wastewater treatment and infrastructure improvements across Connecticut…
Melania Trump’s home-country leader rips UN ‘double standards’ as Trump promise is revealed

Slovenian Leader Criticizes UN ‘Double Standards’ as Trump Promise Emerges

Slovenian Prime Minister Janez Janša accused the United Nations of applying double…
Angel mom says blue state DAs are putting illegal immigrant criminals before public safety

Angel mom says blue-state DAs put illegal immigrant criminals first

A Virginia mother is seeking to remove Fairfax County’s top prosecutor after…
Troubled LAX People Mover delayed again 

LAX People Mover Faces Another Delay, Extending Airport Woes

The launch of the new People Mover train at Los Angeles International…
Black former classmate of 'Palestinian Rachel Dolezal' claims race-faker cares more about 'personal gain' than activism

Former Classmate Says ‘Palestinian Rachel Dolezal’ Prioritized Personal Gain Over Activism

A former Black classmate at the University of Pennsylvania has accused Hannah…
Ole Miss victims identified as narcotics task force probes two student deaths

Ole Miss Identifies Two Students Found Dead as Narcotics Task Force Investigates

OXFORD, Miss. — The two University of Mississippi students whose deaths were…
Judge dismisses Trump's 2024 lawsuit against Des Moines Register over poll results

Judge Dismisses Trump’s 2024 Des Moines Register Poll Lawsuit

An Iowa judge on Wednesday threw out President Donald Trump’s lawsuit against…
Tennessee cops raided man's home after he criticized officer for speeding: lawsuit

Lawsuit: Tennessee Police Raided Home Over Speeding Criticism

A Tennessee man arrested in a pre-dawn police raid after recording and…
Iowa teacher, 10-year-old student die during fifth-grade school field trip at Lake MacBride State Park

Iowa Teacher and 10-Year-Old Student Die on Lake MacBride Field Trip

A fifth-grade field trip at Lake MacBride State Park ended in tragedy…
Shipwreck, apparent human remains found 7 years after fishing boat sank off Rhode Island

Shipwreck and Apparent Human Remains Found Seven Years After Rhode Island Fishing Boat Sinking

A commercial fishing vessel that disappeared off Rhode Island on New Year’s…
Iran reaffirms support for Hamas as Trump pushes to disarm terror group

Expert Says Trump Likely ‘Smirked’ as Iranian President Blasted US in UN Speech

Iranian President Masoud Pezeshkian’s forceful criticism of the United States at the…
San Jose climber recounts 500-foot plunge down Mount Shasta

San Jose Climber Recounts Surviving 500-Foot Mount Shasta Plunge

A first-time climber’s attempt to conquer Mount Shasta became a fight for…