United States Fourth Circuit
Presley v. City of Charlottesville, 05-2344
Dismissal of complaint for failure to state a claim upon which relief could be granted, in civil rights case alleging that, without plaintiff's consent, defendants conspired to publish a map that showed a public trail crossing her yard, is reversed as plaintiff has at least raised a Fourth Amendment seizure claim by alleging that private individuals, knowingly encouraged and aided by defendants, trespassed onto her property.
Appellate Information
- Argued 05/25/2006
- Decided 09/22/2006
- Published 09/22/2006
Judges
- Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Deborah Chasen Wyatt, Wyatt & Armstrong, P.L.C., Charlottesville, Virginia, for Appellant. Stanley Paul Wellman, Harman, Claytor, Corrigan & Wellman, Richmond, Virginia; Alvaro Antonio Inigo, Taylor & Zunka, Ltd., Charlottesville, Virginia, for Appellees. ON BRIEF: Joseph Robinson, Harman, Claytor, Corrigan & Wellman, Richmond, Virginia, for Appellee Rivanna Trails Foundation.