Maryland Legal Aid has filed a federal lawsuit against Baltimore County, targeting a county rule that treats everything taken out of a rental home during an eviction as abandoned the moment it hits the curb. At the center of the case is Halethorpe's mother, Sherry Gudger, who says an August eviction cost her a passport card, her son's bed, vocational tools, and clothing. The lawsuit seeks compensation for Gudger's losses and a court order striking down the county law.
Complaint details and the plaintiff's account
According to The Daily Record, the complaint, filed in U.S. District Court, argues that the ordinance "deems everything, including the tenant’s essential medication, passport, furniture, or even cash, to be abandoned the moment the Sheriff arrives." The filing states that Gudger received notice on or about Aug. 7 and was evicted on Aug. 25, 2025. She told attorneys she had tried to move her belongings in advance, but when she returned from walking her son, her remaining possessions were gone.
Fourth Circuit precedent
The U.S. Court of Appeals for the Fourth Circuit previously struck down Baltimore City's similar abandonment ordinance and upheld a jury award of $186,000 for tenants, finding the city had not provided adequate due process. In its published opinion, the court explains how municipalities can be held liable when local abandonment rules leave certain groups without meaningful notice or a chance to reclaim their property; see the decision from the Fourth Circuit.
How Baltimore County law works
Baltimore County's code sets out a bright-line standard. As a memorandum in a prior case summarized on Justia notes, Article 35, § 35-3-103 provides that "Property removed from the leased premises in accordance with a properly issued warrant of restitution shall be considered abandoned." The statute instructs whoever carries out the eviction to place removed items on the landlord's property and bars leaving them on public rights of way. In practice, that shifts what happens to the belongings onto landlords. Maryland Legal Aid argues this framework leaves tenants with no real way to reclaim vital items, which is the focus of the new constitutional challenge.
Advocates push back
“Losing your housing is already extremely destabilizing,” said Zafar Shah, advocacy director for the human right to housing at Maryland Legal Aid, in a news release cited by The Daily Record. He argued that the county law strips people of essential belongings and deepens poverty. Maryland Legal Aid says its suit seeks both damages for Gudger and a declaration that the ordinance violates the Constitution. A spokesperson for County Executive Kathy Klausmeier declined to comment on the pending litigation, the group said.
What to watch next
The complaint asks the federal court to invalidate the county ordinance and award Gudger monetary damages. The case is expected to move through a briefing on legal motions and could enter discovery. Tenant-advocacy groups had already urged lawmakers to build in a clear process for renters to reclaim property after the Fourth Circuit ruling, and advocates say this lawsuit could prompt counties with similar abandonment rules to revisit their codes; see analysis from the Public Justice Center. Maryland Legal Aid says it plans to continue representing renters as the challenge moves forward.
