American Acceptance Corporation of SC v. John Gietz

── American Acceptance Corporation of SC v. John Gietz ── Court: Court of Appeals for the Fourth Circuit Date: May 12, 2026 Category: General USCA4 Appeal: 25-1448 Doc: 39 Filed: 05/12/2026 Pg: 1 of 15 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-1448 AMERICAN ACCEPTANCE CORPORATION OF SC, on behalf of itself and all others similarly situated, Plaintiff – Appellant, v. JOHN GIETZ; SHERIFF BRYAN KOON, a/k/a Jay Koon, in his official capacity; SANDRA BLACK; JOEL M. DEASON; JAMES WESTBURY; JESSE LAINTZ; LEXINGTON COUNTY SHERIFF'S DEPARTMENT, Defendants – Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Mary G. Lewis, District Judge. (3:24-cv-01099-MGL) Argued: October 23, 2025 Decided: May 12, 2026 Before BENJAMIN, Circuit Judge, FLOYD, Senior Circuit Judge, and Patricia Tolliver GILES, United States District Judge for the Eastern District of Virginia, sitting by designation. Affirmed by published opinion. Judge Giles wrote the opinion, in which Judge Benjamin and Judge Floyd joined. ARGUED: Joseph Studemeyer, STUDEMEYER LAW FIRM, P.C., Irmo, South Carolina, for Appellant. Daniel C. Plyler, SMITH ROBINSON HOLLER DUBOSE & USCA4 Appeal: 25-1448 Doc: 39 Filed: 05/12/2026 Pg: 2 of 15 MORGAN, LLC, Columbia, South Carolina, for Appellees. ON BRIEF: J. Gregory Studemeyer, STUDEMEYER LAW FIRM, P.C., Irmo, South Carolina, for Appellant. Austin Tyler Reed, Frederick Newman Hanna, Jr., SMITH ROBINSON HOLLER DUBOSE & MORGAN, LLC, Columbia, South Carolina, for Appellees. 2 USCA4 Appeal: 25-1448 Doc: 39 Filed: 05/12/2026 Pg: 3 of 15 PATRICIA TOLLIVER GILES, District Judge: Appellant American Acceptance Corporation of SC (“AAC”) brought a 42 U.S.C. § 1983 claim against the Lexington County Sheriff’s Department (“LCSD”). 1 The LCSD confiscated two motorcycles in connection with a murder investigation and subsequent prosecution. AAC held a security interest in the motorcycles and claimed LCSD violated its procedural due process rights by retaining its property during the pending criminal investigation without providing AAC notice and an opportunity to be heard. The district court granted LCSD’s motion to dismiss. For the reasons set forth below, we affirm. I. A. AAC finances the acquisition of motor vehicles and motorcycles. Essentially, AAC purchases the retail installment contracts (“RISCs”) that purchasers execute to finance the motor vehicle or motorcycle, and thereby obtains a security interest in the property, or collateral. When a purchaser is in default—either by failing to make a payment or because “the prospect of payment, performance, or realization on the collateral is significantly impaired”—AAC obtains the right to take possession. Joint Appendix (“J.A.”) 10. AAC acquired the RISCs for the two Harley-Davidson motorcycles at issue here. In particular, AAC purchased the RISC that Timothy Harold Brock executed on January 1 The Appellees include the Sheriff’s Department; Sheriff Byran “Jay” Koon in his official capacity; LCSD’s General Counsel Joel Deason; as well as John Gietz, James Westbury, Sandra Black, and Jesse Laintz, who are also members of the Department. Throughout this opinion, any reference to LCSD includes all Appellees.