Dawn Clark v. Humane Society of Carroll Cty
Loading PDF...
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1846
DAWN K. CLARK, On behalf of herself and others similarly
situated; ELIZABETH TIEDEMANN, On behalf of herself and
others similarly situated,
Plaintiffs â Appellants,
v.
HUMANE SOCIETY OF CARROLL COUNTY, INCORPORATED, A Maryland
non-Stock Corporation; BOARD OF COMMISSIONERS OF CARROLL
COUNTY, MARYLAND, A Maryland Body Politic; CAROLYN NICKY
RATCLIFF, Director, Humane Society of Carroll County, Inc.,
In her individual capacity; G. MICHAEL KEINER, Officer,
Humane Society of Carroll County, Inc., In his individual
capacity; BRIAN RUPP, Chief of Officers, Humane Society of
Carroll County, Inc., In his individual capacity; MARK
MILLER, Officer, Humane Society of Carroll County, Inc., In
his individual capacity; KAREN BAKER, Officer, Humane
Society of Carroll County, Inc., In her individual
capacity,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William M. Nickerson, Senior District
Judge. (1:11-cv-00108-WMN)
Submitted:
February 16, 2012
Decided:
March 1, 2012
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Steven L. Tiedemann, Columbia, Maryland, for Appellants.
Karpinski, E.I. Cornbrooks, IV, KARPINSKI, COLARESI &
P.A., Baltimore, Maryland, for Appellees.
Kevin
KARP,
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Dawn
district
K.
courtâs
Clark
order
and
Elizabeth
granting
Tiedemann
Defendantsâ
Fed.
appeal
R.
Civ.
the
P.
12(b)(6) motion to dismiss their 42 U.S.C. § 1983 (2006) civil
rights action.
Appellants argue on appeal that the court erred
in dismissing their claims for violations of the Fourth, Sixth,
and Fourteenth Amendments resulting from the assessment against
them
of
fines
in
notices
of
violations
issued
pursuant
section 81-16(B) of the Code of Carroll County, Maryland.
to
We
affirm.
We review de novo a district courtâs Rule 12(b)(6)
dismissal,
âfocus[ing]
complaint.â
2008).
âa
only
on
the
legal
sufficiency
of
the
Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir.
To survive a motion to dismiss, a complaint must state
plausible
claim
for
reliefâ
that
âpermit[s]
the
court
to
infer more than the mere possibility of misconductâ based upon
âits judicial experience and common sense.â
Ashcroft v. Iqbal,
556 U.S. 662, ___, 129 S. Ct. 1937, 1950 (2009).
Upon review of Appellantsâ briefs, we conclude that
they fail to present their arguments that the district court
erred
in
dismissing
their
claims
alleging
violations
of
the
Fourth and Sixth Amendments in accordance with Fed. R. App. P.
28(a)(9)(A)
(â[T]he
[appellantâs]
argument . . . must
contain . . . appellantâs contentions and the reasons for them,
3
with citations to the authorities and parts of the record on
which
the
arguments
appellant
waived.
relies.â).
Wahi
v.
Accordingly,
Charleston
Area
we
Med.
deem
these
Ctr.,
Inc.,
562 F.3d 599, 607 (4th Cir. 2009).
Appellants also argue that the district court erred in
dismissing their challenge on Fourteenth Amendment grounds to
the propriety of the process afforded to them to challenge the
fines assessed in the notices of violation.
review
of
the
record
that
this
claim
was
We conclude after
properly
because Appellants lack standing to raise it.
Mathews,
465
U.S.
728,
738
(1984);
Star
dismissed
See Heckler v.
Scientific,
Inc.
v.
Beales, 278 F.3d 339, 358 (4th Cir. 2002).
Accordingly, we affirm the district courtâs judgment.
We
dispense
with
oral
argument
because
the
facts
and
legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
4
