McClure v. Ports, No. 18-1065 (4th Cir. 2019)Annotate this Case
Plaintiff and the union he represents filed suit under 42 U.S.C. 1983, alleging First and Fourteenth Amendment claims, seeking to reinstate privileges that granted them special access to restricted Maryland Transit Administration (MTA) property. The Fourth Circuit affirmed the district court's grant of summary judgment to the transportation officials, holding that the MTA's actions against the union did not amount to unconstitutionally adverse behavior. In this case, plaintiff and the union's interest in maintaining access to restricted MTA property was slight when compared to the government's interest in regulating such access. Therefore, MTA's access policies were not sufficiently adverse to support a First Amendment retaliation claim.
The court rejected the Fourth Amendment claims, holding that the police acted reasonably when it escorted plaintiff from MTA property. In this case, plaintiff's lawful purpose did not give him carte blanche to access restricted MTA offices, and the MTA had explicitly barred him from entering its restricted property without permission. Therefore, the police had probable cause to believe that plaintiff was violating the law. Finally, there was no reversible error in denying plaintiff and the union's discovery requests.