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

Minnesota's self-described 'MILF' mayor sued by own police chief over sexual harassment, retaliation

Minnesota Mayor Sued by Police Chief Over Harassment Claims

St. Paul Mayor Kaohly Her, a Democrat who has referred to herself…
Florida couple recounts 'miraculous' rescue after surviving harrowing lightning strike during evening stroll

Florida Couple Survive Lightning Strike in Miraculous Rescue

A Florida couple is calling their survival a miracle after lightning struck…
Glamour-loving mom, 34, stabbed to death while on break from Chipotle in random attack

Glamour-Loving Mom, 34, Fatally Stabbed During Chipotle Break

A 34-year-old mother with a passion for beauty and fashion was fatally…
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…
Protests expected as Prime Minister Benjamin Netanyahu addresses UN General Assembly

Netanyahu Addresses UN General Assembly Amid Expected Protests

NEW YORK CITY (WABC) — Israeli Prime Minister Benjamin Netanyahu is scheduled…
Florida governor candidate Byron Donalds stands by Trump after some mentions of the president removed from website

Byron Donalds Backs Trump After References Removed From Florida Governor Campaign Website

Several prominent references to President Trump have disappeared from Florida Republican gubernatorial…
Hayden Panettiere's overdose shows fentanyl crisis 'doesn't discriminate,' Stanford psychiatrist says

Stanford Psychiatrist: Fentanyl Crisis ‘Doesn’t Discriminate’

Hayden Panettiere’s fatal overdose underscores a sobering reality: although the United States…
Homan: 'They Will Never Abolish ICE'

Tom Homan Vows ICE Will Never Be Abolished

Border czar Tom Homan dismissed calls to abolish U.S. Immigration and Customs…
NATO ally pushes ‘Fort Trump’ US military base as Russian helicopter penetrates airspace

NATO Ally Seeks ‘Fort Trump’ Base After Russian Airspace Breach

US and Polish pilots stand together on NATO’s front line News Outlet…
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…
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…
EXCLUSIVE: Trump’s CBP axes Biden-era policy allowing private gifts for illegal immigrants in federal custody

Trump’s CBP Ends Biden-Era Policy Allowing Private Gifts for Migrants in Federal Custody

CBP warns of consequences if DHS isn’t funded Tom Homan, the Trump…