Case Summaries: Fourth Circuit Court of Appeals (May 2024)

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during May 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Any constitutional right limiting law enforcement’s involvement in a repossession by a private entity was not clearly established; denial of qualified immunity to deputy reversed Atkinson v. Godfrey, 100 F.4th 498 (May 2, 2024). In this case from the Middle District of North Carolina, the plaintiff purchased a car pursuant to an installment contract, whereby the seller retained a security interest in the vehicle. The plaintiff defaulted on the contract and the seller hired a financial services company to assist with repossession of the car. While the tow truck was attempting to take possession of the car, the plaintiff jumped into it and attempted to drive away. The driver of the tow truck and the plaintiff began arguing about the repossession, and the tow truck driver eventually called the Harnett County Sheriff’s Department. A deputy soon arrived, ordered the plaintiff to exit her car, and allowed the tow truck driver to take possession of the car. The plaintiff sued the deputy individually for an alleged Fourth Amendment violation for illegal seizure of the car (among other claims), and the sheriff for failure to train and for policies leading to the alleged Fourth Amendment violations. The defendant law enforcement officers moved to dismiss for failure to state a claim and asserted qualified immunity [...]