This case presents two questions: first, whether, under the Fourth Amendment to the U.S. Constitution and Article I, section 7 of the Tennessee Constitution, Union City Police Department officers possessed probable cause to conduct a warrantless search of the defendant’s vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant’s conviction. The ACLU’s Criminal Reform Legal Project and State Supreme Court Initiative, along with the ACLU of Tennessee filed an amicus brief arguing first, that after Tennessee’s legalization of hemp in 2019, an officer’s alleged detection of the odor of cannabis is insufficient to establish probable cause to conduct a warrantless search of a vehicle in Tennessee, and second, that the court of appeals improperly held that it lacked jurisdiction to overturn the defendant’s conviction.

This case in the Oregon Supreme Court centers on whether Article I, Section 41(3) of the Oregon Constitution, which provides that Oregon prisoners lack legally enforceable rights to prison jobs and training, bars prisoners from collecting damages relating to lost prison jobs and training caused by the alleged breach of a settlement agreement by prison officials. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, filed an amicus brief arguing that plaintiff Arnold Huskey, an incarcerated individual whose identity was used in Department of Corrections training materials, is entitled to damages notwithstanding Article I, Section 41(3), because plaintiffs in contract disputes never have to show standalone legal rights to the damages they claim. Instead, they need only show that the damages were reasonably foreseeable consequences of the alleged breach of contract.

The Seventh Amendment gives people a constitutional right to a jury trial in civil cases seeking money damages. The Supreme Court will now decide whether incarcerated plaintiffs have a right to a jury trial on questions of administrative exhaustion under the Prison Litigation Reform Act, when the facts underlying exhaustion would also decide the merits of their case.