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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.
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