After the U.S. Court of Appeals for the Fourth Circuit held in 2020 that a family lacked a property interest in their recently foreclosed home sold at auction, a Virginia district court judge held that the plaintiffs cannot maintain a trespass actions against the county sheriff.

That leaves the family of James and Tamara Epperson to proceed with a Fourth Amendment search and seizure claim and a state law conversion claim to proceed to trial next week against Patrick County Sheriff Dan Smith and other deputies, according to the plaintiffs’ attorney, Mel Williams of Williams & Strickler. 

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