Fourth Circuit sides with Baltimore City couple and affirms their damages awarded in Tenant Holding Over case

June 21, 2024 – In the fall of 2023, the Public Justice Center, Homeless Persons Representation Project, and Maryland Legal Aid filed an amicus brief in support of the Todmans in the case, Todman v. The Mayor and City Council of Baltimore, No. 23-1201.

On Monday, June 10, 2024, the Fourth Circuit released its opinion for the case Todman v. The Mayor and City Council of Baltimore, No. 23-1201. In its opinion, the Court affirmed the verdict awarded to the Todmans of $186,000.00 in damages for lost or destroyed property and emotional distress. The Court found that Baltimore City’s Abandonment Ordinance violated the Todmans’ constitutional rights by depriving them of their property without due process of law and that the City is liable for that violation.

Specifically, the Fourth Circuit found that the warning of the possibility of their property being considered abandoned after an eviction is executed was not sufficient and violated the Todmans’ constitutional rights. The Opinion highlighted issues the Public Justice Center’s amicus brief raised in that the consequences of eviction permeate all aspects of life and that renter’s possessions are precious and deserve meaningful procedural protections.

We’re thankful to the Todmans’ attorneys, Joseph Mack and Conor O’Croinin for their incredible advocacy on behalf of the Todmans, as well as for the support from our co-amici: Homeless Persons Representation Project and Maryland Legal Aid.