Eleventh Circuit Revisits Takings Clause Ruling on Seized Horses

May 8, 2026, 9:35 PM UTC

Fulton County, Ga., convinced the full Eleventh Circuit to reconsider a ruling in favor of a man who sought to pursue constitutional claims to get his horses back from the county.

The appeals court vacated its previous opinion and granted the county’s petition for a rehearing en banc on Friday. The hearing will be centered on a July 2025 decision that found Brandon Fulton should be able to amend his complaint so he can sue under the takings clause, a part of the Fifth Amendment that creates a direct cause of action for unconstitutional takings ...

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