PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1201

MARSHALL TODMAN; TIFFANY TODMAN

Plaintiffs - Appellees

v.

THE MAYOR AND CITY COUNCIL OF BALTIMORE

Defendant - Appellant

------------------------------

MARYLAND MULTI-HOUSING ASSOCIATION, INC.

Amicus Supporting Appellant

and

PUBLIC JUSTICE CENTER; CIVIL JUSTICE; HOMELESS PERSONS REPRESENTATION PROJECT; MARYLAND LEGAL AID

Amici Supporting Appellees.

No. 23-1277

MARSHALL TODMAN; TIFFANY TODMAN

Plaintiffs - Appellants USCA4 Appeal: 23-1277 Doc: 61 Filed: 06/10/2024 Pg: 2 of 30

v.

THE MAYOR AND CITY COUNCIL OF BALTIMORE

Defendant - Appellee

------------------------------

MARYLAND MULTI-HOUSING ASSOCIATION, INC.

Amicus Supporting Appellee

and

PUBLIC JUSTICE CENTER; CIVIL JUSTICE; HOMELESS PERSONS REPRESENTATION PROJECT; MARYLAND LEGAL AID

Amici Supporting Appellants.

Appeal from the United States District Court for the District of Maryland at Baltimore. Deborah Lynn Boardman, District Judge. (1:19−cv−03296−DLB)

Argued: March 22, 2024 Decided: June 10, 2024

Before WILKINSON and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

No. 23-1201 affirmed and No. 23-1277 dismissed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Thacker and Judge Floyd joined.

ARGUED: Michael Patrick Redmond, BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellant/Cross-Appellee. Conor Brendan O’Croinin, ZUCKERMAN SPAEDER, LLP, Baltimore, Maryland, for Appellees/Cross-Appellants. ON BRIEF: Ebony M. Thompson, Acting City Solicitor, Matthew O. Bradford, Chief of Staff, Renita L. Collins, Chief Solicitor, BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellant/Cross-Appellee. Joseph S. Mack, THE LAW OFFICES OF JOSEPH S. MACK, Baltimore, Maryland, for Appellees/Cross-Appellants. Avery Barton Strachan, Kerri L. Smith, SILVERMAN | THOMPSON | SLUTKIN |

2 USCA4 Appeal: 23-1277 Doc: 61 Filed: 06/10/2024 Pg: 3 of 30

WHITE LLC, Baltimore, Maryland, for Amicus Maryland Multi-Housing Association, Inc. Melanie Babb, Murnaghan Appellate Advocacy Fellow, PUBLIC JUSTICE CENTER, Baltimore, Maryland, for Amici The Public Justice Center, Civil Justice, Homeless Persons Representation Project, and Maryland Legal Aid.

3 USCA4 Appeal: 23-1277 Doc: 61 Filed: 06/10/2024 Pg: 4 of 30

WILKINSON, Circuit Judge:

When a tenant is evicted in Baltimore, any personal property left in or about the

premises is immediately deemed abandoned. See Baltimore City Code art. 13 § 8A (the

“Abandonment Ordinance”). The landlord then takes ownership of the property and can do

anything he likes with it, except dump it on public streets or sidewalks. He can keep it,

pawn it, or take it to a landfill. He can even, as in this case, attempt to sell it back to his

former tenants.

Here, plaintiffs Marshall and Tiffany Todman lost their belongings by operation of

the Abandonment Ordinance when they were evicted earlier than expected. The Todmans

sued the Mayor and City Counci

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