Jared McClain is an attorney with the Institute for Justice.
He joined IJ in February 2022 after litigating public-interest cases for several years.
Jared’s practice focuses on government accountability, the First Amendment, property rights, and administrative law. He has also successfully challenged two federal agencies that irrationally prevented people with criminal records from participating in government programs.
Before becoming a public-interest lawyer, Jared clerked for the Honorable Andrea M. Leahy on the Court of Special Appeals of Maryland. He was also a judicial extern for the Honorable Sally D. Adkins of the Court of Appeals of Maryland, the Honorable Anthony Trenga of the U.S. District Court for the Eastern District of Virginia, and the Honorable R. Terence Ney of the Circuit Court for Fairfax County, Virginia.
Jared’s writing has been featured in Slate, The Daily Beast, Reason, The Daily News, Orange County Register, InsideSources, The Carolina Journal, Post & Courier, The University of Miami Law Review, The Harvard Journal of Law & Public Policy, The University of Baltimore Law Review, and The Journal of Southern Legal History.
He received his law degree with honors from George Mason University School of Law and his undergraduate degree from the Richard Stockton College of New Jersey.
Jared is a member of the Maryland and D.C. bars and is admitted to practice in several federal courts throughout the country.
Jared's Cases
Immunity and Accountability | Private Property | SWAT Destruction
North Carolina SWAT Destruction
A North Carolina family is seeking to hold SWAT teams accountable for raiding the wrong home in April 2024.
First Amendment | First Amendment Retaliation | Immunity and Accountability
Atmore, Alabama Retaliation
Four residents of a small Alabama county were targeted for retaliation by a district attorney and sheriff. Now, they are suing with IJ to protect their constitutional rights.
Immunity and Accountability | SWAT Destruction
Martin v. United States
FBI agents raided the wrong home in suburban Atlanta. Now the federal government refuses to compensate the victims even though Congress passed a law permitting suits for damages caused by federal employees.
Tennessee Gag Order
Nashville civil rights attorney Daniel Horwitz was silenced by a gag order, after discussing his cases with the media. Now, he's teamed up with the Institute for Justice to file a federal First Amendment lawsuit…
Immunity and Accountability | Private Property
Florida Mistaken Identity Arrest
An innocent Texas woman was arrested in a case of mistaken identity while getting off a cruise in 2022. Now, she's suing Broward County for the unconstitutional arrest.
First Amendment | First Amendment Retaliation | Immunity and Accountability
Marion, Kansas Retaliation
Ruth Herbel moved to Marion, Kansas, as a young woman and has lived there for over 60 years. She raised a family while serving in several state and federal government jobs. But rather than opt…
Immunity and Accountability | Private Property | SWAT Destruction
Jimerson v. Lewis – Texas Wrong House Raid
Everyone who visits a home for the first time—including delivery drivers, plumbers, and Girl Scouts—knows that you have to make sure you have the right address before barging in. Somehow, Waxahachie Police Department (WPD) Lieutenant…
ProCraft Masonry Administrative Appeal
Danny Barbee and his wife Diana together run ProCraft Masonry, LLC, a small masonry company in Tulsa, Oklahoma. Danny is a fourth-generation bricklayer and Diana has worked at ProCraft since its founding in 2010. Their…
Economic Liberty | Fresh Start
Maryland Grocery Fresh Start
When the government judges someone’s integrity, it should do so based on who they are today—not who they were 20 years ago. The United States Department of Agriculture (USDA), however, imposes a permanent ban from…
Code Enforcement | Fines and Fees | Private Property
Humboldt Abatements
In Humboldt County, the government issues ruinous fines for things people didn’t do because it doesn’t bother to investigate. Innocent landowners then have to appeal the fines to prove their innocence at a hearing the…
Code Enforcement | Fines and Fees | Private Property
New York Boilers
Serafim Katergaris was forced to pay $1,000 to the New York Department of Buildings (DOB) for a code violation he did not commit, did not know about and had no chance to challenge. Now, he's…
Economic Liberty | Private Property | Small and Home-Based Business | Zoning Justice Project
Texas Home Day Care
Bianca King is a single mother with two young children. Until recently, she was able to raise her 2-and 4-year-old kids while making a living running a small day care out of her home. But…
Jared's Amicus Briefs
Sosa v. Martin County
United States Supreme Court
Rogers v. Smith
United States Court of Appeals for the Fifth Circuit
Cochran v. SEC
United States Supreme Court
Jared's News, Articles & Publications
Jared's Hearings
Humboldt Abatements Oral Argument
IJ filed a class action against Humboldt County in October 2022, alleging that the county’s code enforcement fines innocent people millions of dollars. The trial court dismissed the complaint in its entirety, saying that IJ’s allegations were too incredible to be true. On an appeal from that decision, the U.S. Read More
Jared's Letters & Statements
DeKalb County Video Surveillance Letter
DeKalb County, Georgia
Richmond Heights Video Surveillance Letter
Richmond Heights, Ohio
Jackson Video Surveillance Letter
Jackson, Mississippi