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By Michael Lyle, Nevada CurrentThis piece was originally published in the Nevada Current.

The ACLU of Nevada and Nevada Attorneys for Criminal Justice filed an amicus brief in Song Spencer & James Spencer v. City of Henderson, urging the Nevada Supreme Court to allow people to recover attorney’s fees as special damages in successful challenges in civil asset forfeiture cases when the government wrongfully seizes their property. Our amicus brief argues that Nevada law already allows recovery of attorney’s fees in cases when warranted, even when there is no law directly on point, and that principle should apply here, when someone is forced to sue the government to get their own property back. This case is a challenge to the constitutionality of civil forfeiture laws.

In September, Clark County Judge Joe Hardy ruled that including cannabis on the state’s list of Schedule 1 controlled substances violates the Nevada Constitution. The Nevada Board of Pharmacy has filed a notice in Clark County that it would appeal and is seeking to put the ruling on hold.