IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

MARYLAND STATE CONFERENCE

OF NAACP BRANCHES, et al.,

*

Plaintiffs

*

v.

*

Civil Action No. 06-1863 (CCB)

BALTIMORE POLICE

*

DEPARTMENT, et al.,

*

Defendants.

* ************

ANSWER TO PLAINTIFF’S CLASS ACTION COMPLAINT

Defendants, the Baltimore Police Department (“BPD” ) and the Mayor & City Council of

Baltimore (“the City”) (hereinafter “the defendants”), by their undersigned counsel, answer the class

action complaint filed by plaintiffs and state as follows.

Negative and Affirmative Defenses

1. The complaint fails to state a claim upon which relief can be granted.

2. Plaintiffs failed to file adequate notices of claim within 180 days after injury, barring the

present lawsuit.

3. Plaintiffs’ claims are barred under principles of governmental immunity.

4. Plaintiffs’ claims are barred by absolute and qualified immunity.

5. Defendants are immune from all claims in excess of $200,000.00 per occurrence or

$500,000.00 in the aggregate.

6. Plaintiffs do not satisfy the requirements to maintain this action as a class action.

7. Some or all plaintiffs lack standing to assert some or all of the claims in the class action

complaint.

8. Defendants have acted lawfully in all respects. 9. The arrests of the individual plaintiffs were made with probable cause. 10. Baltimore’s loitering statute is constitutional on its face and as applied to these plaintiffs. 11. Baltimore police officers have the right and responsibility to enforce all criminal laws, including misdemeanor and quality of life crimes. 12. The Baltimore State’s Attorneys Office’s action or inaction with respect to misdemeanor and quality of life crimes does not render unlawful an arrest made with probable cause. 13. The United States Constitution and the Maryland Declaration of Rights do not preclude the Baltimore Police Department from using arrest numbers as a measure of a police officer’s job performance.
Response to Averments of the Class Action Complaint Pursuant to Federal Rule of Civil Procedure 8(b), defendants deny all factual averments contained in plaintiffs’ class action complaint except that: as to paragraphs 25 and 26 defendants admit that the City and the BPD are governmental entities; that as to paragraphs 34 through 37 defendants admit that these individual defendants carry out or carried out their responsibilities subject to and limited by various state and local laws involving the duties, conduct and discipline of officers and other employees, and the screening, hiring, training, monitoring, and supervision of subordinates; and as to paragraphs 38 through 42 defendants admit that the individuals named were sworn members of the Baltimore Police Department during periods relevant to the allegations. WHEREFORE, defendants have fully answered the allegations contained in the class action complaint and deny that plaintiffs are entitled to any of the relief demanded. Defendants respectfully request that this Court enter judgment in their favor and against plaintiff as to all counts.
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Respectfully submitted,
____________/s/________________ Karen Stakem Hornig, Chief Legal Counsel (Bar No. 03444) karen.hornig@baltimorepolice.org Patrick D. Sheridan, Asst. Solicitor (Bar. No. 27009) patrick.sheridan@baltimorepolice.org Baltimore City Police Department Office of Legal Affairs c/o 242 W. 29th St. Baltimore, Maryland 21211 (410) 396-2496 (410) 396-2126 (fax) Counsel for Defendants Baltimore Police Department, Police Commissioner Leonard Hamm and all Present and Former Department Officials and Employees
Joshua N. Auerbach, Chief Solicitor (Bar No. 26108) joshua.auerbach@baltimorecity.gov (Bar No. 27985) Michael F. Conti, Asst. Solicitor michael.conti@baltimorecity.gov Baltimore City Department of Law 101 City Hall 100 N. Holliday Street Baltimore, Maryland 21202 (410) 396- 3297 (410) 659-4077 (fax) Counsel for Defendants Mayor and City Council of Baltimore and Mayor Martin O’Malley
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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 15th day of December, 2007 defendants’ answer to the

class action complaint was filed in accordance with the Electronic Filing Requirement and

Procedures as established by the U.S. District Court for the District of Maryland.

KAREN Chief

_____________/s/_________________ STAKEM HORNIG (03444)
Legal Counsel

4

 
 Case 1:05-cv-01287-CCB Document 140 Filed 10/01/2007 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
MARYLAND STATE CONFERENCE OF NAACP BRANCHES, et al.,
Plaintiffs,

v.

CASE NO. 06-1863 (CCB)

BALTIMORE CITY POLICE DEPARTMENT, et al.,
Defendants.

NAACP PLAINTIFFS’ STATUS REPORT In anticipation of the Status Conference scheduled by this Court for October 4, 2007, the Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, and Aaron Stoner (together, the NAACP Plaintiffs), through their counsel, submit this status report on the progress of the abovecaptioned case.
1. Discovery is progressing between the Plaintiffs and Defendants, to varying degrees. (a) The NAACP Plaintiffs and the Jones Plaintiffs have been proceeding with electronic,
hardcopy, and deposition discovery from the State Defendants. Regarding electronic data, we have received information pertaining to arrests from 2002—August 2007. We are now working with the State Defendants to “clean” the data of errors that would prevent effective statistical review. Regarding the hardcopy documents, we have received the majority of the documents ordered to be produced on August 2, 2007. We are working with the State to fill-in unintended

Case 1:05-cv-01287-CCB Document 140 Filed 10/01/2007 Page 2 of 4
gaps in the information provided. Regarding deposition discovery, the NAACP Plaintiffs, in conjunction with the Jones’ Plaintiffs, have deposed two former Arrest Booking Officers and two current Correctional Officers (“line staff” depositions). Based on information learned in these depositions, the parties have determined that additional depositions are necessary. Three dates have been scheduled for additional line staff depositions. In addition., a 30(b)(6) deposition relating to State policy and procedures for arrestee searches is scheduled for October 25, 2007. We do not anticipate any need for the Court’s intervention at this time.
(b) The NAACP Plaintiffs have deposed James Green, Director of Special Projects and Frederick Bealefeld, Acting Police Commissioner pursuant to the Court’s Amended December 20, 2006, Order. The NAACP Plaintiffs received three CDs of documents from the Police Department last week, and are continuing a review of those documents. Once that review is completed, the NAACP Plaintiffs will evaluate whether any additional requests for documents are warranted. Also, as discussed more fully below, the NAACP Plaintiffs intend to request depositions of certain individuals in the near future.
(c) The Mayor’s Office has produced three documents. The City Council has produced a small number of documents from Councilman Kraft. It is our understanding that the City Council transitioned email systems around December 2005, and no email from the period prior to the transition was archived. Additionally, the Mayor’s Office deleted data from the O’Malley administration in January 2007. The loss of data by the City Council and Mayor’s Office occurred despite having received document requests from the NAACP Plaintiffs on July 19, 2006, while this case was pending in Circuit Court for the City of Baltimore. While the NAACP Plaintiffs continue to confer with counsel to the City Council and Mayor’s Office to understand the scope of the lost data, it is likely we will seek remedies from the Court.
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Case 1:05-cv-01287-CCB Document 140 Filed 10/01/2007 Page 3 of 4
2. The NAACP Plaintiffs, in light of information obtained during discovery, intend to file a motion to amend the complaint to add individual plaintiffs that have been identified since the filing of the original complaint. We will confer with the Defendants to seek their consent before filing a Motion with the Court for leave to amend.
3. The NAACP Plaintiffs also intend to move the Court to amend the December 20 order to allow depositions of individual police officers and certain of their superiors. The Police Department has produced some documents responsive to the December 20 Order. While we are continuing to evaluate the adequacy of this discovery, productions to date indicate that most of the documents have come from hardcopy files of high-ranking Police Department officials. There is no indication that any search of electronic files, such as email, has been conducted. We believe that a reasonable search of documents responsive to the December 20 order would include a search of electronic sources of information, including email from both high-ranking Police Department officials and line officers. While reserving our right to petition the court to compel production of such material, the NAACP Plaintiffs are willing to work with the Police Department to obtain relevant information through depositions. The Rule 30(b)(6) depositions of Messrs. Green and Bealefeld revealed that many policies, procedures and especially practices of the Police Department are communicated to police officers orally. Accordingly, depositions of the particular police officers associated with the arrests of the NAACP Plaintiffs, and certain of these officers’ superiors, is likely to elicit information about policies, procedures and practices that are the subject of this litigation. A motion seeking to amend the Court’s December 20, 2006
3

Case 1:05-cv-01287-CCB Document 140 Filed 10/01/2007 Page 4 of 4

Order to allow for these depositions will be forthcoming. Respectfully Submitted,

Dated: October 1, 2007

/s/ Deborah A. Jeon David R. Rocah
AMERICAN CIVIL LIBERTIES UNION OF MARYLAND FOUNDATION 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 Phone: (410) 889-8555 Fax: (410) 366-7838
Mitchell A. Karlan Wayne A. Schrader Daniel A. Cantu Dave M. Wharwood Jason E. Morrow S. Joy Dowdle
GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue N.W. Washington, District of Columbia 20036 Telephone: (202) 955-8500 Facsimile: (202) 467-0539
Attorneys for Plaintiffs

4

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
MARYLAND STATE CONFERENCE OF NAACP BRANCHES, et al.,
Plaintiffs,

v.

CASE NO. 06-1863 (CCB)

BALTIMORE CITY POLICE DEPARTMENT, et al.,
Defendants.
_______________________________________
Proposed New Plaintiffs,
TIMOTHY JOHNSON, 201 S. Main St., Bryan, TX 77803; TAVIS CROCKETT, 2909 W. Mosher St., Baltimore, MD 21216; RAFFIC SCOTT, 31 Saturn Ct., Parkville, MD 21234; KERRELL K. WRIGHT, 535 Rossiter St., Baltimore, MD 21212; CAROL HIGGS, 1601 Guilford Ave. Apt. 4 South, Baltimore, MD 21204; ARMONDO HORSEY, 103 E. Chase St., Baltimore, MD, 21202; JONATHAN LINDSAY, 4 Fountain Ridge, Parkville, MD 21234; ERIN MARCUS, 932 N. Charles St. Apt. 3R, Baltimore, MD 21201; and JEFFREY CHAPMAN, 3428 Dayta Drive, Baltimore, 21218.
Existing Plaintiffs with updated information,
TYRONE BRAXTON, 5007 Corley Road, Apt. C3, Baltimore, MD 21207; AARON STONER, 14241D Falling Waters Road, Williamsport, MD 21795,
Proposed New Defendants,
SHEILA DIXON, individually, and in her official capacity as Mayor, City of Baltimore, 100 North

Holliday St., Baltimore, MD 21202; GARY D. MAYNARD, individually, and in his official capacity as Secretary, Department of Public Safety and Correctional Services, c/o Douglas F. Gansler, Attorney General of Maryland, 200 St. Paul Place, Baltimore, MD 21202; P/O HERON, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O J. GREY, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O JOSEPH CHIN, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O SOUTHARD, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O MICHAEL PINKOSZ, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O LOLANDO L. HAMILTON, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O RONALD S. MEALEY, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202, and JOHN DOES F-R, individually, and in their official capacity as Corrections Officers, Central Booking and Intake Center, 400 East Madison St., Baltimore, MD 21202.
Existing Defendants with updated information,
MARTIN O’MALLEY, former Mayor of the City of Baltimore, individually, 100 State Circle, Annapolis, MD 21401; LEONARD HAMM, former Commissioner, Baltimore City Police Department, individually, Last Known Address: 601 East Fayette St., Baltimore, MD 21202; MARCUS L. BROWN, former Deputy Commissioner of the Baltimore City Police Department, individually,
1

7201 Corporate Center, Hanover, MD 21076; FREDERICK H. BEALEFELD III, individually, and in his official capacity as Commissioner, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; MARY ANN SAAR, former Secretary of the Department of Public Safety and Correctional Services, individually, c/o Douglas F. Gansler, Attorney General of Maryland, 200 St. Paul Place, Baltimore, MD 21202;
FIRST AMENDED COMPLAINT AND JURY DEMAND
Plaintiffs Maryland State Conference of NAACP Branches and Baltimore City Branch of the NAACP (collectively, "NAACP") and Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell Wright, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman and Carol Higgs sue various state and local entities and individuals for violations of federal and state law and seek declaratory, injunctive, monetary, equitable, and all other relief to which they are entitled.
I. INTRODUCTION 1. Under a pattern and practice set and enforced by city officials, Baltimore police officers arrest individuals without probable cause, in violation of the U.S. Constitution and the Maryland Declaration of Rights. 2. To encourage this pattern and practice, the Baltimore City Police Department ("Police Department") rewards police officers with more arrests and punishes officers with fewer arrests, regardless of the number or success of resulting prosecutions.
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3. As a consequence, Baltimore prosecutors decided to drop the charges against approximately 30 percent of those arrested without a warrant in 2005 prior to any involvement by a defense attorney, and prior to review of the charges by a court commissioner.
4. The Maryland Central Booking and Intake Center ("CBIC") receives these arrestees for processing, and compounds the problem by conducting strip searches of male arrestees without probable cause or individualized suspicion that they are carrying weapons or contraband, in violation of the U.S. Constitution and the Maryland Declaration of Rights.
5. The volume of arrests by the Police Department has caused CBIC to detain many arrestees beyond the statutory time limit of 24 hours before presentment or release, in violation of Maryland Rule 4-212(f) and the Maryland Declaration of Rights. In some cases, the detentions have exceeded 48 hours, in violation of the U.S. Constitution.
6. These unconstitutional and illegal acts degrade, humiliate, and cause grave harm to their victims. Individuals who are arrested suffer unwarranted deprivation of personal liberty, sometimes for days. They may lose their jobs or be denied job opportunities in the future as a result of the permanent stigma of having a criminal charge on their record. They suffer the humiliation of being hauled away in handcuffs in front of friends, family, or neighbors. At CBIC, they are subjected to the degradation of strip searches—in many cases, visual body cavity searches—in front of other detainees. They are detained, sometimes for days at a time, in filthy, overcrowded conditions. Then, when the State's Attorney declines to prosecute, they are Released Without Charge (RWOC'd), though they have technically already been charged by the police—often because the police had no right to arrest them in the first place.
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7. Despite the patently unconstitutional and illegal nature of this conduct and its detrimental effects on the Baltimore residents whom the laws are supposed to protect, city officials have refused to reform their practices. The time has come to rein in this abuse of power and stop these unconstitutional and illegal acts.
II. JURISDICTION AND VENUE 8. This Court has jurisdiction over this case pursuant to 28 U.S.C. §1331. 9. Venue is proper as the events complained of occurred in the Northern Division of the District of Maryland, and the defendants carry out business therein. 10.This Court has personal jurisdiction over Defendants State of Maryland ("State"), the Mayor and City Council of the City of Baltimore ("City"), and the Police Department because they are entities consisting of or located within Maryland. 11.This Court also has personal jurisdiction over individual Defendants Maynard, Saar, Smith, Franks, Murphy, O'Malley, Dixon, Hamm, Brown, Bealefeld, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, Officer Does A-R, and Officer Does 1-100. Upon information and belief, Maynard, Saar, Smith, Franks, Murphy, Dixon, O'Malley, Hamm, Brown, Bealefeld, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, Officer Does A-R, and Officer Does 1-100 maintain domiciles within the State of Maryland. In addition, this Court has personal jurisdiction over all of the individual Defendants under Maryland's long-arm statute because (a) their tortious actions and omissions occurred and caused injury within Maryland and (b) they are (or were at the time
4

of the illegal acts) all employed within Maryland, thus performing a character of work or service within Maryland.
III. PRE-SUIT REQUIREMENTS 12.Plaintiffs Howard, Lowery, Braxton, Stoner, Wilson, Johnson, Crockett, Horsey, Lindsay, Marcus, and Chapman have satisfied the necessary pre-suit prerequisites under the Maryland Tort Claims Act and the Local Government Tort Claims Act for each of the pertinent claims listed below in Section VIII; Plaintiff Higgs has satisfied the necessary prerequisites under the Local Government Tort Claims Act; and Plaintiffs Scott and Wright have satisfied the necessary prerequisites under the Maryland Tort Claims Act. 13.Evan Howard submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 23, 2005. On September 29, 2005, the City notified Mr. Howard's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 4, 2005, the Maryland State Treasurer acknowledged receipt of Mr. Howard's claim. The Maryland State Treasurer failed to give Mr. Howard notice of a final decision within six months after the filing of his claim. 14.Tyrone Braxton submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 23, 2005. On September 29, 2005, the City notified Mr. Braxton's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 11, 2005, the Maryland State Treasurer acknowledged receipt
5

of Mr. Braxton's claim. The Maryland State Treasurer failed to give Mr. Braxton notice of a final decision within six months after the filing of his claim.
15.Robert Lowery submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 29, 2005. On October 5, 2005, the City notified Mr. Lowery's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 6, 2005, the Maryland State Treasurer acknowledged receipt of Mr. Lowery's claim. The Maryland State Treasurer failed to give Mr. Lowery notice of a final decision within six months after the filing of his claim.
16.Aaron Stoner submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 29, 2005. On October 5, 2005, the City notified Mr. Stoner's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 6, 2005, the Maryland State Treasurer acknowledged receipt of Mr. Stoner's claim. The Maryland Treasurer failed to give Mr. Stoner notice of a final decision within six months after the filing of his claim.
17.Donald Wilson submitted notice of his claims arising from his April 10, 2006 arrest to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested on June 15, 2006. On June 19, 2006, the City notified Mr. Wilson's counsel that the claim against the City related to this arrest had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition, and on the same date the Maryland State Treasurer acknowledged receipt of Mr. Wilson's claim. The Maryland
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State Treasurer failed to give Mr. Wilson notice of a final decision within six months after the filing of his claim.
18.Mr. Wilson submitted notice of his claims arising from his April 5, 2007 arrest to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested on August 2, 2007. On August 6, 2007, the City notified Mr. Wilson's counsel that the claim against the City related to this arrest had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition.
19.Timothy Johnson submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested on December 1, 2006. On January 4, 2007, the City notified Mr. Johnson's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On December 14, 2006, the Maryland State Treasurer acknowledged receipt of Mr. Johnson's claim. The Maryland State Treasurer failed to give Mr. Johnson notice of a final decision within six months after the filing of his claim.
20.Tavis Crockett submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on January 4, 2007. On January 19, 2007, the City notified Mr. Crockett's counsel that the claim against the City had been referred to Ms. Sandra Holmes of the Baltimore Police Department for attention and disposition. On January 11, 2007, the Maryland State Treasurer acknowledged receipt of Mr. Crockett's claim. The Maryland State Treasurer failed to give Mr. Crockett notice of a final decision within six months after the filing of his claim.
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21.Raffic Scott submitted his notice of his claims to the Maryland State Treasurer via certified mail, return receipt requested on May 25, 2007. On June 4, 2007, the Maryland State Treasurer acknowledged receipt of Mr. Scott's claim. On September 21, 2007, the state notified Mr. Scott that his claim had been denied. Mr. Scott asserts state causes of action (a) against city defendants only in their individual capacities, and (b) for injunctive and declaratory relief.
22.Kerrell Wright submitted his notice of his claims to the Maryland State Treasurer via certified mail, return receipt requested on May 25, 2007. On June 4, 2007, the Maryland State Treasurer acknowledged receipt of Mr. Wright's claim. On September 21, 2007, the state notified Mr. Wright that his claim had been denied. Mr. Wright at this time asserts state causes of action (a) against city defendants only in their individual capacities, and (b) for injunctive and declaratory relief.
23.Carol Higgs submitted notice of her claims to the Baltimore City Solicitor via certified mail, return receipt requested, on February 2, 2005. She received a notice dated March 2, 2005, from Richard M. Lane, Special Investigation Supervisor for the Department of Law – CBI, referring her claim to Michael Fry of the Baltimore City Police Department for attention and disposition. Ms. Higgs at this time asserts state causes of action for (a) damages against state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
24.Armondo Horsey submitted notice of his claims to the Baltimore City Solicitor and the Maryland state treasurer via certified mail, return receipt requested, on December 17, 2007. While his tort notices are pending, Mr. Horsey at this time asserts state causes of
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action for (a) damages against city and state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
25.Jonathan Lindsay submitted notice of his claims to the Baltimore City Solicitor and the Maryland state treasurer via certified mail, return receipt requested, on December 17, 2007. While his tort notices are pending, Mr. Lindsay at this time asserts state causes of action for (a) damages against city and state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
26.Erin Marcus submitted notice of her claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on December 17, 2007. While her tort notices are pending, Ms. Marcus asserts state causes of action for (a) damages against city and state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
IV. THE PARTIES A. The Plaintiffs
27.Plaintiff Evan Howard is a 20-year-old student in the engineering program at Morgan State University and a resident of Baltimore, Maryland. He is a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. With the exception of the arrest described below, Mr. Howard has never been arrested or convicted of a crime. As explained below, Mr. Howard has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
28.Plaintiff Tyrone Braxton is a 21-year-old graduate of Carver Vocational Technical High School and a resident of Baltimore, Maryland. He is a citizen of the United States and
9

the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. With the exception of the arrest described below, Mr. Braxton has never been arrested or convicted of a crime. As explained below, Mr. Braxton has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
29.Plaintiff Donald Wilson is a 23-year-old resident of Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. With the exception of the arrests described below, and a juvenile detention for disturbing the peace (which was never prosecuted), Mr. Wilson has not been arrested or convicted of a crime. As explained below, Mr. Wilson has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
30.Plaintiff Robert Lowery is a 29-year-old resident of Greencastle, Pennsylvania. He is a person and a citizen of the United States and the Commonwealth of Pennsylvania within the meaning of the constitutions of the United States and the Commonwealth of Pennsylvania. With the exception of the arrest described below, Mr. Lowery has never been arrested or convicted of a crime. As explained below, Mr. Lowery has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
31.Plaintiff Aaron Stoner is a 28-year-old resident of Williamsport, Maryland. He is a person and a citizen of the United States and the Commonwealth of Pennsylvania within the meaning of the constitutions of the United States and the Commonwealth of Pennsylvania. With the exception of the arrest described below, Mr. Stoner has never been arrested or
10

convicted of a crime. As explained below, Mr. Stoner has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
32.Plaintiff Timothy Johnson is a 43-year-old PhD candidate in neurobiology, a research fellow at Texas A&M University, and a resident of Bryan, Texas. He is a citizen of the United States and the State of Texas within the meaning of the constitutions of the United States and the State of Texas. With the exception of the arrest described below, Mr. Johnson has never been arrested or convicted of a crime. As explained below, Mr. Johnson has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
33.Plaintiff Tavis Crockett is a 19-year-old resident of Baltimore, Maryland, and a senior at Independent School Local 1. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. Prior to the arrests described below, Mr. Crockett had never been arrested or convicted of a crime. As explained below, Mr. Crockett has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
34.Plaintiff Raffic Scott is a 29-year-old resident of Parkville, Maryland. He is a member of the Israelite Church of God and Jesus Christ, in Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Scott has been injured and risks further harm as a result of the defendants' illegal acts and o m i s sio n s.
35.Plaintiff Kerrell Wright is a 24-year-old resident of Baltimore, Maryland, and a member of the Israelite Church of God and Jesus Christ, in Baltimore, Maryland. He is a
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person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Wright has been injured and risks further harm as a result of the defendants' illegal acts and o m i s sio n s.
36.Plaintiff Carol Higgs is a 62-year-old resident of Baltimore, Maryland. She is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Ms. Higgs has been injured and risks further harm as a result of the defendants' illegal acts and o m i s sio n s.
37.Plaintiff Armondo Horsey is a 37-year-old architect and resident of Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Horsey has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
38.Plaintiff Jonathan Lindsay is a 36-year-old elementary school teacher and resident of Parkville, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Lindsay has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
39.Plaintiff Erin Marcus is a 25-year-old resident of Baltimore, Maryland. She is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Ms. Marcus
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has been injured and risks further harm as a result of the defendants' illegal acts and o m i s s io n s.
40.Plaintiff Jeffrey Chapman is a 51-year-old parking attendant at Camden Yards stadium and a resident of Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Chapman has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
41.Plaintiffs Maryland State Conference of NAACP Branches and Baltimore City Branch of the NAACP (collectively, "NAACP") are 501(c)(4) non-profit, membership organizations that advocate for civil rights, equality, and social justice. The NAACP sues for declaratory and injunctive relief on behalf of its Maryland resident members, who are likely to be subjected to future unconstitutional and illegal arrests, strip searches, and detentions under the policies and practices described herein. B. Defendants
1. Entities 42.Defendant State of Maryland ("State") is a state government. The State has
statutorily created, and is legally responsible for, the Department of Public Safety and Correctional Services ("Department"). The Division of Pretrial Detention and Services ("Pretrial Detention") is a division of the Department.
43.Defendant Mayor and City Council of the City of Baltimore ("City"), a municipal corporation, is a governmental entity within the meaning of the federal and state constitutions.
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44.Defendant Baltimore City Police Department ("Police Department") is a government agency. The Mayor appoints the Commissioner of the Police Department with the advice and consent of the City Council. The City Council holds hearings on Police Department policy and sets the Police Department budget.
45.By virtue of being local governmental entities exercising power delegated by the State of Maryland, the City and the Police Department were acting under color of state law during all relevant times.
2. Officials 46.Defendant Gary Maynard is Secretary of the Department of Public Safety and
Correctional Services. As Secretary, he acts under color of state law and exercises authority over the policies and practices of the Pretrial Detention Division. He ultimately is responsible for the actions and policies of CBIC. Mr. Maynard is sued in his individual and official capacities.
47.Mary Ann Saar was, from February 26, 2003 to January 17, 2007, Secretary of the Department of Public Safety and Correctional Services. While Secretary, she acted under color of state law and exercised authority over the policies and practices of the Pretrial Detention Division. While Secretary, she ultimately was responsible for the actions and policies of CBIC. Ms. Saar is sued in her individual capacity.
48.Defendant William J. Smith is, and was at all times relevant hereto, Commissioner of Pretrial Detention. As such, Mr. Smith is responsible for the duties, discipline, and conduct of officers and other employees of units in the division, such as CBIC. Mr. Smith also is responsible for establishing policies regarding screening, hiring, training,
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monitoring, and supervision of subordinate employees at CBIC. As Commissioner, he acts and has acted under color of state law. Mr. Smith is sued in his individual and official capacities.
49.Defendant Mitchell Franks is, and has been since July 6, 2005, the Warden of CBIC. As Warden, he acts and has acted under color of state law by screening, hiring, training, monitoring, and supervising subordinate employees at CBIC. Mr. Franks is sued in his individual and official capacities.
50.Defendant Susan Murphy was, from July 23, 2004, until her retirement on June 23, 2005, the Warden of CBIC. As Warden, Ms. Murphy acted under color of state law by screening, hiring, training, monitoring, and supervising subordinate employees at CBIC. Ms. Murphy is sued in her individual capacity.
51.Defendants John Does A-R were, at times relevant hereto, corrections officers employed by CBIC. Officer Does A and B conducted strip searches of Plaintiffs Howard and Braxton. Officer Does C, D, and L conducted the strip searches of Plaintiff Donald Wilson. Officer Does E and F conducted strip searches of Plaintiffs Stoner and Lowery. Officer Does G and H conducted the strip search of Plaintiff Johnson. Officer Does I, J, and M conducted the strip searches of Plaintiff Crockett. Officer Does K and N conducted the strip search of Plaintiff Raffic. Officer Doe O conducted the strip search of Plaintiff Wright. Officer Doe P conducted the strip search of Plaintiff Horsey. Officer Does Q and R conducted the strip search of Plaintiff Chapman. As corrections officers, Officer Does A-R acted within the scope of their duties and under color of state law. These defendants are sued in their individual and official capacities.
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52.Defendant Martin O'Malley was, from December 7, 1999 to January 17, 2007, the Mayor of the City of Baltimore. As Mayor, he acted under color of state law by appointing the Commissioner of the Police Department, overseeing the operation of the Police Department, and introducing "The Mayor's Plan to Drastically Reduce Crime in Baltimore" and other policies that encourage the unconstitutional police practices, and failing to act to ensure the unconstitutional practices ceased. Mr. O'Malley is sued in his individual capacity.
53.Defendant Sheila Dixon is, and has been since January 18, 2007, the Mayor of the City of Baltimore. As Mayor, she has acted under color of state law by overseeing the operation of the Police Department, and maintaining policies that encourage the unconstitutional police practices, and failing to act to ensure the unconstitutional practices ceased. Ms. Dixon is sued in her individual and official capacities.
54.Defendant Leonard Hamm served as Commissioner of the Police Department from March 14, 2005 until July 19, 2007. Mr. Hamm also served as Interim Commissioner of the Police Department from November 10, 2004, until March 14, 2005. In each position, Mr. Hamm acted under color of state law by exercising final policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Hamm is sued in his individual capacity.
55.Defendant Marcus L. Brown was, from January 21, 2006 to January 26, 2007, the Deputy Commissioner of the Police Department. In that position, Mr. Brown acted under color of state law by exercising policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and
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establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Brown is sued in his individual capacity.
56.Defendant Frederick H. Bealefeld III is, and has been since November 19, 2007, the Commissioner of the Police Department. Mr. Bealefeld also served as Interim Commissioner of the Police Department from July 19, 2007 until November 19, 2007. In each position, Mr. Bealefeld has acted and continues to act under color of state law by exercising policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Bealefeld is sued in his individual and official capacities.
57.Defendant Kevin Clark was, from January 23, 2003, until November 10, 2004, the Commissioner of the Police Department. As Commissioner, Mr. Clark acted under color of state law by exercising final policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Clark is sued in his individual capacity.
58.Defendant Edward T. Norris was, from May 2002 until January 23, 2003, the Commissioner of the Police Department. As Commissioner, Mr. Norris acted under color of state law by exercising final policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Norris is sued in his individual capacity.
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59.Defendant Jemini Jones is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Jones is sued in his individual and official capacities. Jemini Jones participated in the arrests of Plaintiff Tyrone Braxton and Timothy Howard on April 15, 2005.
60.Defendant David A. Crites, Jr., is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Crites is sued in his individual and official capacities. Mr. Crites participated in the arrest of Plaintiff Donald Wilson on April 10, 2006.
61.Defendant Sgt. Erik Pecha is, and was at times relevant hereto, a Police Department police officer wearing Badge No. F327. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Pecha is sued in his individual and official capacities. Mr. Pecha participated in the arrest of Plaintiff Donald Wilson on April 10, 2006.
62.Defendant Benjamin Newkirk is, and was at times relevant hereto, a Police Department police officer wearing Badge No. F110. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Newkirk is sued in his individual and official capacities. Mr. Newkirk participated in the arrests of Plaintiffs Robert Lowery and Aaron Stoner on May 8, 2005.
63.Defendant Arnold Jones is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Jones is sued in both his individual and official capacities.
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Arnold Jones participated in the arrests of Plaintiffs Robert Lowery and Aaron Stoner on May 8, 2005.
64.Defendant Heron is, and was at times relevant hereto, a Police Department police officer wearing Badge No. H307. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Heron is sued in his individual and official capacities. Mr. Heron participated in the arrest of Timothy Johnson on June 25, 2006.
65.Defendant J. Grey is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Grey is sued in both his individual and official capacities. Mr. Grey participated in the arrest of Plaintiff Tavis Crockett on July 23, 2006.
66.Defendant Joseph Chin is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Chin is sued in both his individual and official capacities. Mr. Chin participated in the arrests of Plaintiffs Raffic Scott and Kerrell Wright on October 31, 2006.
67.Defendant Michael Pinkosz is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Pinkosz is sued in both his individual and official capacities. Mr. Pinkosz participated in the arrest of Plaintiff Carol Higgs on March 2, 2004.
68.Defendant Southard is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment
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and under color of state law. Mr. Southard is sued in both his individual and official capacities. Mr. Southard participated in the arrests of Plaintiffs Raffic Scott and Kerrell Wright on August 30, 2006.
69.Defendant Lolando L. Hamilton is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Hamilton is sued in both his individual and official capacities. Mr. Hamilton participated in the arrest of Plaintiff Erin Marcus on October 13, 2007.
70.Defendant Ronald S. Mealey is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Mealey is sued in both his individual and official capacities. Mr. Mealey participated in the arrests of Plaintiffs Armondo Horsey and Jonathan Lindsay on July 22, 2007.
71.Defendants John Does 1-100 are, and were at times relevant hereto, Baltimore Police Department officers who participated in the illegal arrests of one or more Plaintiffs. As police officers, Officer Does 1-100 act and have acted within the scope of their employment and under color of state law. These defendants are sued in their individual and official capacities.
72.By virtue of their employment by Maryland state or local agencies, all of the individual Defendants were acting under color of state law during all relevant times.
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V. ALLEGATIONS OF FACT A. The Experiences of the Individual Plaintiffs
1. The Illegal Arrests and Searches of Plaintiffs Howard and Braxton 73.At approximately 8:30 p.m. on Friday, April 15, 2005, Plaintiff Evan Howard was
standing on the sidewalk that runs past his home on Poplar Grove Street in Baltimore, about a block away from his front door, engaging in conversation with Plaintiff Tyrone Braxton and another friend, Correy Alexander.
74.After a few minutes, Defendant Officers Jemini Jones and Doe 1 pulled up behind Braxton's car in an unmarked police cruiser. The plainclothes officers approached the three friends and asked if they had any information about a recent homicide.
75.The officers then asked Howard, Braxton, and Alexander their ages. After revealing that he was a minor, Alexander was ordered to go home, which he did.
76.Then, without explanation, probable cause, or any legal justification, the officers conducted pat-down searches of Howard and Braxton and placed them under arrest. The arrests were purportedly for loitering and impeding the flow of pedestrian traffic, even though neither Howard nor Braxton had been loitering and the officers had not ordered them to disperse.
77.Officer Jemini Jones tightly bound the young men's hands with plastic handcuffs and placed Howard and Braxton in a vehicle for transport to CBIC.
78.Howard and Braxton arrived at CBIC at about 10:00 p.m., where they waited for approximately an hour to begin the booking process. Upon entering CBIC, they were screened with a metal detector, which showed that neither carried any weapons.
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79.At approximately 11:00 p.m., Howard and Braxton were subjected to humiliating public strip searches by Defendant Officers Doe A and Doe B. Howard, Braxton, and two other detainees were placed in a holding cell, ordered to remove all of their clothing down to their underpants, face the wall, pull their underpants down to expose their buttocks, and submit to a visual body cavity search.
80.The searches were conducted without probable cause or individualized suspicion that either Howard or Braxton was carrying weapons, drugs, or contraband.
81.Indeed, no contraband was found in the possession of either Howard or Braxton during the search.
82.After the strip search, Howard and Braxton were taken to a small, filthy, and overcrowded cell, where they stayed with about ten other detainees through the night. The cell had no bathroom and was so overcrowded that both Howard and Braxton were forced to sit in uncomfortable positions on filthy floors for long periods of time.
83.At approximately 8:00 a.m. on Saturday, April 16, Howard and Braxton were taken to a slightly larger cell containing about 15 other detainees. This cell was also filthy and unsanitary. Throughout the day, the number of people in the cell fluctuated, frequently swelling to nearly 20. Once again, both Howard and Braxton were forced to sit in uncomfortable positions on filthy floors for long periods of time.
84.During their confinement, Howard and Braxton were provided "meals" in their cells three times each day. The meals principally consisted of two slices of bread covering shiny and slimy meat, which Howard and Braxton believed to be spoiled bologna.
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85.Braxton was finally released on Sunday, April 17, at 10:00 a.m., after being held at CBIC for 36 hours.
86.Howard was finally released on Monday, April 18, at 4:00 a.m., after being held at CBIC for 54 hours. Howard, far from home and unable to contact anyone to pick him up from CBIC, was forced to walk back to his home in the dark at a dangerous hour of night through unfamiliar streets.
87.Neither Howard nor Braxton was ever prosecuted for any crime or ever brought before a court commissioner.
2. The Illegal Arrests and Searches of Plaintiff Wilson 88.On April 10, 2006, Plaintiff Donald Wilson was sitting on the front steps of a
residence in which his girlfriend and toddler son live. He was visiting them and waiting for his younger brother, Darrell.
89.While Mr. Wilson was sitting on the steps with two friends, an unmarked police Subaru raced down the street in pursuit of a dirt bike. A crowd of approximately 15 neighbors gathered along the block to watch the chase.
90.Failing to catch the bicyclist, the maroon police Subaru pulled up to the residence and Officer Crites and Sergeant Pecha exited the vehicle. Officer Crites yelled, "Everybody sit the f**k down!" Everyone in the area obeyed. Wilson, at the time, was already sitting down.
91.The officers began questioning the group of people, asking them where they lived and what they were doing there. Most were patted down and asked to show identification. Wilson provided his identification when requested.
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92.Crites questioned Wilson and asked whether Wilson lived there. When Wilson firmly responded in the affirmative, Crites took offense and, in a low tone of voice, threatened to "f**k [him] up."
93.When Wilson responded to this threat, by observing that Crites had whispered his threat rather than stating it aloud in front of witnesses, Crites immediately ordered Wilson to stand up. Wilson asked why, and Crites responded, "Don't f**king say nothing to me," and ordered Wilson to stand up and put his hands behind his back.
94.Wilson complied and asked why he was being arrested. Crites responded, "Don't worry about it. You're going to jail."
95.Wilson asked Crites for his name and badge number. Crites replied, "911." 96.Crites placed metal handcuffs on Wilson and ordered him to sit on the ground. At that time, two marked police cruisers arrived at the scene, and two additional officers exited those vehicles. 97.Wilson asked his girlfriend to call his mother, and then he remained calm and quiet. 98.The police began to tell people to leave. After about 15 minutes, Wilson's mother arrived. She politely asked who the officer in charge was. Sgt. Pecha responded that he was in charge. Wilson's mother asked what her son was being detained for. Pecha asked for Wilson's age, and when his mother said, "21," Pecha stated that he did not have to give her any information because Wilson was not a minor. Upon further questioning, Pecha continued to refuse to explain why Wilson was arrested.
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99.Wilson's mother therefore went to talk with her son, who explained what had happened. After about two minutes, Pecha came over and told her that she had to leave or she would be arrested. When she asked for Pecha's name and badge number, Pecha ignored her.
100. Crites and Pecha did not have nametags on and their badges were tucked inside their shirts to hide identifying information.
101. Crites put Wilson in the police car and transported him to CBIC at approximately 9:15 p.m.
102. At CBIC, Wilson was taken to a waiting room, where he was ordered to strip down to his boxers and searched by Officer Does C-D. A Latino man next to him in the same room was completely naked.
103. The search was conducted without probable cause or individualized suspicion that Wilson was carrying weapons, drugs, or contraband. Indeed, no contraband was found in his possession.
104. Wilson was finally released from CBIC at around 2:00 a.m. the next day. He was not allowed to use a phone at CBIC, so he walked to the nearest pay phone to call his mother.
105. Wilson was never prosecuted for any crime or brought before a court co m m i s s ion er.
106. On April 5, 2007 in the late afternoon, Donald Wilson visited a friend on Abbottston Road. After some time at the friend's house, Wilson and his friend left to return to
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Wilson's house. The friend's mother called her son back in just as the two men were leaving the house. Wilson stood outside waiting for his friend to rejoin him.
107. As Wilson was waiting for this friend and was tying his shoe with his foot on the stoop of the neighboring property, two uniformed officers and a plain-clothes officer approached him. The officers demanded to know why he was standing where he was. Wilson explained that he was waiting for his friend.
108. Unsatisfied, the officers interrogated Wilson as to whether he had drugs on him, where his friends were, and other subjects. The officers searched Wilson, patting him down and searching his pockets. No weapons, drugs or contraband were found by this search. Wilson told the officers that he was not carrying drugs, and indicated that he was offended that they seemed to assume that he was a drug dealer. A uniformed officer took Wilson's identification.
109. Several minutes after the police arrived, Wilson's friend came out of his house and asked the officers what was going on. The officers told him to go back into his house, which he did. Wilson's friend watched the arrest from his window.
110. After Wilson was searched, the plain-clothes officer handcuffed Wilson, telling him that he was being arrested for "getting smart."
111. In fact, Wilson was charged with trespass on posted property, but at all times relevant hereto, the property was not posted with any no-trespassing signs.
112. Wilson asked the arresting officer for his name, but the officer ignored the request.
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113. Wilson was transported to the Eastern District police station in a paddy wagon, where he was interrogated by a police detective concerning gangs and shootings. Wilson had no information related to the detective's questions and told him so.
114. Wilson was then taken to Central Booking, arriving at approximately 6:00 p.m. 115. He asked the intake officer for the arresting officer's name but the request was refused. 116. Wilson was then subjected to a humiliating strip search by Officer Doe L. In front of another prisoner, who had been forced to undress completely, Wilson was forced to pull his pants down to his ankles and to allow the officer to look inside his underwear waistband. He was also made to lift his shirt for the officer. 117. Officer Doe L told Wilson that his arrest was part of the BPD's "low tolerance" policy. 118. The searches were conducted without probable cause or individualized suspicion that Wilson was carrying weapons, drugs, or contraband. No contraband was found in this search. 119. Wilson was then confined at CIBC. He shuttled between four different cells, which were so crowded that Wilson was often forced to sit or lie on the concrete floor. 120. Wilson was released at approximately 3:30 a.m. on April 6, 2007, after being detained for approximately nine and one half hours. 121. Wilson was never prosecuted for any crime or brought before a court co m m i s s ion er.
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3. The Illegal Arrests and Searches of Plaintiffs Stoner and Lowery 122. On May 7, 2005, Plaintiff Aaron Stoner, Plaintiff Robert Lowery, Walter Medina,
Jr., and four other friends and co-workers visited the city of Baltimore to celebrate Stoner's upcoming wedding. After visiting the Inner Harbor, the group of friends left on foot in the early morning hours of May 8 to return to their hotel.
123. While walking back to their hotel, a marked police car containing Defendant Officers Newkirk and Arnold Jones drove past. Newkirk instructed the group to "keep moving," even though the group had not actually paused during the journey. They obeyed and continued to walk back to their hotel.
124. About two minutes later, the same patrol car drove past the group. Medina was the first to see the approaching car, and remarked to Stoner, "Here comes that cop again."
125. Officer Newkirk pulled the car to the side, stopped the car, and exited. Newkirk confronted Medina, the only African-American in the group, demanding, "What did you say, boy?" Before Medina could answer, Newkirk pushed him against a wall.
126. After Newkirk pushed Medina against the wall and began to aggressively question him, Stoner verbally protested. Newkirk then turned toward Stoner and ran at him with his baton fortifying his raised forearm. Defendant Newkirk hit Stoner with such force as to knock Stoner off of his feet.
127. Newkirk then instructed Stoner and the other five men to "keep walking." Stoner obeyed by getting up and walking to the rest of the group.
128. Newkirk then issued a warning citation for loitering to Medina.
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129. Lowery, upset at the police harassment and brutality he had witnessed, then left the group, approached Officers Newkirk and Arnold Jones, and asked for Newkirk's name and badge number.
130. Newkirk refused to answer Lowery's question, but Defendant Arnold Jones responded by placing Lowery under arrest, purportedly for "failure to obey" an order to cease loitering. This arrest was made without probable cause or legal justification.
131. Officers Newkirk and Arnold Jones then drove Lowery down the block to where Stoner, having obeyed Newkirk's earlier order to "keep walking," was walking with his party. The officers then arrested Stoner as well.
132. Stoner's arrest was also purportedly for "failure to obey" an order to cease loitering. This arrest was made without probable cause or legal justification.
133. Stoner and Lowery were both subjected to pat-down searches, which revealed they were carrying no contraband or weapons.
134. Medina, who had been issued a warning citation for loitering, and the other four members of the original group were permitted to continue walking back to the hotel.
135. Stoner and Lowery were transported to CBIC, where they were processed and subjected to another pat-down search that revealed them to be free of contraband and weapons.
136. Despite the negative results of the searches, Defendant Corrections Officers Doe E and Doe F subjected Stoner and Lowery to humiliating public strip searches at CBIC.
137. Stoner and Lowery, along with two other detainees, were ordered to strip to their underpants while the officers conducted the search.
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138. The searches were conducted without probable cause or individualized suspicion that either Stoner or Lowery was carrying weapons, drugs, or contraband.
139. Indeed, no contraband was found in the possession of either Stoner or Lowery during the search.
140. Both Stoner and Lowery were held in small, filthy, and overcrowded cells that were packed with other detainees. Both Stoner and Lowery were forced to sit or crouch in uncomfortable positions on filthy floors for long periods of time because of the overcrowded conditions.
141. Stoner and Lowery were released from CBIC at approximately 8:00 p.m. on May 8, after being detained for 17 hours.
142. Neither Stoner nor Lowery was ever prosecuted for any crime or brought before a court commissioner.
4. The Illegal Arrest and Search of Timothy Johnson 143. In the early morning hours of June 25, 2006, Timothy Johnson and three
acquaintances were walking down the street towards their hotel, the Baltimore Waterfront Marriott.
144. Johnson and his three colleagues were in Baltimore to attend the Annual Scientific Meeting of the Research Society on Alcoholism.
145. While walking down the street, Johnson and his acquaintances encountered a woman whom they did not know, who was walking in the same direction. Because they were traveling in the same direction, the five pedestrians would have appeared to be a single group.
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146. Concerned that the woman should not be walking alone late at night in the area, and assuming that she was a fellow attendee at the conference, one of Johnson's colleagues told the woman that they were walking back to the hotel and asked if she wanted to walk with them.
147. A marked police cruiser then drove up and stopped near the group, and one officer asked if everything was okay. Some members of the group responded, "Yes."
148. The officer then asked, referring to the woman who had just joined the group, "Is she with you?" One of Johnson's acquaintances informed the officer that the woman had just joined them.
149. The officer then began questioning the woman, who responded to his questions while continuing to walk. The officer exited his vehicle, ordered the woman to stop, and then directed Johnson and his friends to keep walking.
150. The group continued walking, although they were concerned for the well-being of the woman, who kept saying that she just wanted to go back to the hotel.
151. At the end of the block, Johnson turned around to see the officer handcuffing the woman.
152. While Johnson was waiting to cross the street, the officer yelled for Johnson to come back, and Johnson complied.
153. Johnson had not said a word to the officer, nor had he said anything loudly about the officer or about the situation. He assumed that he would be questioned about the woman or would be a witness to the arrest.
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154. At that time, another uniformed officer and two plainclothes officers arrived on the scene. They ordered Johnson to stop, subjected him to a pat-down search, and asked him to sit down on the curb.
155. No contraband was found during the pat-down search. 156. The first officer then told the other officers that "these people were hindering" and that they hadn't moved fast enough. The officers also joked that they were going to deliver the woman "back to her boyfriend in chains." 157. Johnson was then placed under arrest, subjected to a second pat-down search, and placed in a vehicle bound for Central Booking. Once again, no contraband was found. 158. Johnson was then transported to CBIC, where he was booked and fingerprinted. 159. Despite the negative results of the previous pat-down searches, Mr. Johnson was subjected to a humiliating strip search by Officer Does G and H, during which he was required to remove all of his clothing except a T-shirt. 160. The search was conducted without probable cause or individualized suspicion that Johnson was carrying weapons, drugs, or contraband. 161. Indeed, no contraband was found in Johnson's possession during the search. 162. After the illegal strip search, Johnson was held with two other men in a small, filthy cell designed for only one detainee. He was released at 8:30 a.m., after being in custody for approximately six hours.
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163. Johnson's release came a mere thirty minutes before he was scheduled to give a presentation at the Annual Scientific Meeting of the Research Society on Alcoholism, the reason for his trip to Baltimore.
164. Johnson was never prosecuted for any crime or brought before a court co m m i s s ion er.
5. The Illegal Arrests and Searches of Tavis Crockett 165. At approximately 5:45 p.m. on July 23, 2006, Tavis Crockett and approximately
six other young men from his neighborhood were sitting on the front steps of a friend's building, getting ready to watch a neighborhood game of basketball.
166. As the group began to get up and move toward the basketball courts, a number of police cruisers pulled up and Officer Grey exited his cruiser.
167. Officer Grey asked the group where Brandon was. Upon information and belief, Brandon is a young man in the neighborhood that the police believe to be a drug dealer.
168. Brandon was not present, although the young men had seen him walk by earlier in the day.
169. Upon learning that Brandon was not present, Officer Grey told all seven young men that they were being arrested for loitering.
170. Officer Grey and approximately ten other police officers then took all seven young men into custody. All seven boys were subjected to pat-down searches, which revealed no weapons, drugs, or contraband.
171. The arrests were not preceded by a warning that the young men were loitering, or by a directive to move along.
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172. When the young men arrived at the police station, three of them were let go because they were juveniles. Crockett and the other three non-minors were transported to CBIC.
173. At CBIC, Defendant Corrections Officers Doe I and Doe J subjected Crockett to a humiliating public strip search.
174. Crockett, along with another detainee, was ordered to strip to his underpants while the officers conducted the search.
175. The search was conducted without probable cause or individualized suspicion that Crockett was carrying weapons, drugs, or contraband.
176. Indeed, no contraband was found in the possession of Crockett during the search.
177. Crockett was held in small, filthy, and overcrowded cells that were packed with other detainees.
178. Crockett was released from CBIC at approximately 8:00 a.m. on July 24, after being detained for 14 hours.
179. Crockett was never prosecuted for any crime or brought before a court co m m i s s ion er.
180. On August 22, 2006, at about 8:50 p.m., Crockett was walking from his Aunt's house to a nearby convenience store near Carey Street and Riggs Avenue in Baltimore, a distance of approximately one block.
181. As Crockett walked to the convenience store he was stopped by four plainclothes police officers.
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182. One of the officers told Crockett, "Come on, you're going downtown with us." Crockett asked the officer why he was being arrested. The officer told Crockett that he had littered.
183. Crockett told the officer that he was not aware that he had dropped anything, and offered to pick up a food wrapper the officer claimed Crockett had dropped. The officer did not let Crockett pick up the wrapper.
184. Crockett was searched on the sidewalk, and then taken to the Western District station, where he was held in a cell with two other detainees. He remained in this cell for four hours. The police denied Crockett's request to call his mother.
185. At approximately midnight, Crockett was transported to CBIC, handcuffed, in a paddy wagon.
186. Inside CBIC, Crockett was subjected to a humiliating strip search. A female officer, Doe M, made Crockett strip to his boxers in front of two other officers and another detainee.
187. This strip search was conducted without probable cause or individualized suspicion that Crockett was carrying weapons, drugs, or contraband.
188. No contraband was found in the possession of Crockett during the search. 189. Crockett was then confined to a cell with ten other detainees where he remained for four hours. After being fingerprinted and photographed, he was confined again in another cell.
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190. At approximately 8:15 a.m. on August 23, 2006, Crockett was finally released, after being held for approximately eleven and one half hours. He did not arrive home until 9:00 a.m., after a 45-minute public bus trip from CBIC.
191. Crockett was never prosecuted for any crime or brought before a court co m m i s s ion er.
6. The Illegal Arrests and Searches of Raffic Scott and Kerrell Wright 192. At approximately 10:00 p.m. on August 30, 2006 Raffic Scott, Kerrell Wright and approximately five fellow members of their church, the Israelite Church of God and Jesus Christ, were handing out religious literature on a sidewalk on Belair Road and Erdman Avenue in Baltimore. The church members periodically engage in sidewalk proselytizing to spread their religious message. When doing so, they generally wear distinctive robes that signify their church membership. 193. Officers Chin and Southard approached the group in a squad car and demanded to know what they were doing. Scott responded that he and his group were handing out religious literature. 194. When the police approached, Wright began videotaping the encounter, as is the Church’s practice due to frequent police harassment. 195. After demanding that Wright cease video recording, and claiming that it was illegal to videotape police officers without permission from the officer or from police headquarters, Officer Chin demanded that Wright produce identification. In order to do so, Wright passed the video camera to Scott.
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196. An officer then told Mr. Scott that he had to cease filming. When Scott refused, Officer Chin told Scott to put his hands on this head and pushed Scott against a wall.
197. Officer Chin forcibly removed Scott's religious clothing, throwing his headpiece, robe and belt to the ground.
198. Scott was searched on the scene. This search revealed no drugs, weapons, or contraband.
199. Wright was also arrested. He was thrown to the ground and had his religious clothing removed and also thrown to the ground.
200. Wright was searched on the scene. This search revealed no drugs, weapons, or contraband.
201. As Scott and Wright were being arrested, approximately eight officers arrived on the scene in several squad cars, blocking the adjacent intersection.
202. During or before their arrests, neither Scott, Wright, nor any other member of their group was told by the police that any of them was loitering or was instructed to move on.
203. Scott was transported to the Northern District precinct. During his confinement there Scott was verbally abused by police officers on the subject of his religious beliefs.
204. Scott was then transported to the CBIC, where he was subjected to a humiliating and gratuitously invasive strip search by Defendant Corrections Officers Doe K and Doe N. In the presence of another detainee, who was also being strip searched at the same time, Scott was forced to strip to his underwear. He was made to squat in front of Officers Doe K and Doe N, while they looked inside of Scott's underwear.
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205. After his arrest, Wright was also taken to CBIC. At CBIC, Wright was also subjected to a humiliating strip search. In the presence of two jail administrators, Officer Doe O forced Wright to remove his shirt and jeans.
206. The strip searches of Scott and of Wright were conducted without probable cause or individualized suspicion that either Scott or Wright was carrying weapons, drugs, or contraband. These searches revealed no drugs, weapons or contraband.
207. Scott was released at approximately 6:00 a.m. on August 31, 2006 after being held for eight hours. Wright was held for approximately 20 hours, until he was released on his own recognizance at approximately 6:00 p.m. the next day.
208. Both Scott and Wright were charged with disorderly conduct and loitering. On September 29, 2006 the State’s Attorney nolle prossed all charges against Scott. On October 20, 2006, the State’s Attorney nolle prossed all charges against Wright.
7 The Illegal Arrest of Carol Higgs 209. At approximately 9:00 a.m. on March 2, 2004, primary election day in Maryland, Carol Higgs was posting election signs and handing out campaign leaflets. 210. Higgs posted her signs and stood near Chase House, a designated polling place for the primary. 211. She stood outside the area near Chase House, marked by signs posted by election officials, where no electioneering was permitted that day. An election judge had confirmed to Higgs that she was in compliance with election regulations regarding proximity to a polling place.
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212. Officer Pinkosz arrived at Chase House in a squad car. He approached Ms. Higgs and asked her why she was picketing. She said that she was not picketing but rather handing out campaign literature for her candidate.
213. Officer Pinkosz left Higgs and went inside the polling place. He reemerged and told Ms. Higgs that her campaigning was illegal.
214. When Higgs pointed out that she stood outside the "no electioneering" signs and was thus in compliance with the law, Officer Pinkosz removed the sign from where it was planted, and without taking any measurements, moved it significantly farther than 100 feet away from the polling place.
215. Higgs then moved, to remain outside the boundary of another sign setting campaigning boundaries. She also asked Officer Pinkosz for his name and badge number.
216. At this point, Officer Pinkosz demanded her identification. 217. Higgs asked Officer Pinkosz whether she was free to go. Officer Pinkosz said that she was free to go. As Higgs gathered her literature, Officer Pinkosz handcuffed her. He told her that she was being arrested for loitering. 218. Higgs was never prosecuted for any crime or brought before a court co m m i s s ion er. 8. The Illegal Arrest and Search of Armondo Horsey, and the Illegal Arrest of
Jonathan Lindsay 219. On July 22, 2007, after a late night out, Armondo Horsey, Jonathan Lindsay, and Horsey's brother had ordered a pizza at a pizza shop in the Canton section of Baltimore.
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220. While eating, Horsey, Lindsay, and Horsey's brother noticed Baltimore Police Department officers detaining a man on a nearby corner. They observed five officers forcefully restraining a man in handcuffs who was lying on the ground.
221. Lindsay moved closer to the scene and pulled out his cell phone as if to film the arrest, because he believed the officers were using excessive force. Two officers at the scene observed him with his phone, and told him that he was not allowed to take photographs.
222. When Horsey observed Lindsay speaking with the officers, he was concerned that Lindsay was protesting the officers’ use of force, and told him not to get into an argument, but just to get the officers’ names and badge numbers.
223. A Baltimore Police Department officer who overheard Horsey’s comment singled him out from among the crowd of onlookers and told him that he was going to jail with the man being restrained.
224. Horsey was then forcefully handcuffed behind his back and pulled backward toward a police van.
225. Horsey was searched at the scene of his arrest. The search revealed no drugs, contraband or weapons.
226. When Lindsay, standing nearby, then called out that Horsey “didn’t even do anything,” a Baltimore Police Department officer singled Lindsay out from among the crowd of onlookers and placed him in handcuffs. While in handcuffs an officer searched Lindsay’s pockets, pulled out his cell phone, and opened it up and scrolled through it to see whether there were any photographs or film of the scene captured on it.
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227. Horsey, Lindsay, and the man who was being restrained on the ground were then placed in a police van and transported to CBIC. A police officer told Lindsay that he shouldn’t worry about being arrested because he would be released in a few hours.
228. At CBIC, Horsey and Lindsay were shuffled among numerous overcrowded jail cells with open toilets reeking of excrement.
229. At CBIC Officer Doe P strip searched Horsey. Horsey was made to remove his pants, and Officer Doe P had Horsey open his waistband and looked into Horsey's underwear. The strip search was conducted without probable cause or individualized suspicion that Horsey was carrying weapons, drugs, or contraband. The strip search revealed no drugs, weapons or contraband.
230. Horsey and Lindsay were both held at CBIC for about six hours. 231. Neither Horsey nor Lindsay was ever prosecuted for any crime or brought before a court commissioner. Horsey and Lindsay later learned that Officer Mealey had charged them with failure to obey.
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9. The Illegal Arrest of Erin Marcus 232. On October 12, 2007, Erin Marcus, along with seven other members of the
Baltimore Animal Rights Coalition (BARC), arrived at Salt Restaurant in Baltimore City to stage a peaceful protest regarding the restaurant’s use of foie gras.
233. The members arrived outside of the restaurant at approximately 7:30 p.m. They stood clear of the entrance, and did not obstruct the walkway in front of the restaurant.
234. Approximately fifteen to twenty minutes after their arrival two Baltimore Police Department officers arrived at the scene. The officers told the BARC members that if they did not cross the street they would be subject to arrest.
235. A BARC member then spoke with police officers and explained that he had contacted the Office of Licensing and Permits and was told that the group did not need a permit to protest. Another BARC member attempted to review the Baltimore City loitering ordinance with the officers, including a shift commander who arrived on the scene, in order to establish their legal right to be there. The officers were not persuaded and again told all BARC members to cross the street or face arrest.
236. All but three BARC members crossed the street and continued protesting on the other side of the street. Marcus and the other protesters who did not cross the street were arrested.
237. Marcus was asked for identification by two female officers. She showed the officers her driver's license. One of the female officers frisked Marcus and checked her bag. No weapons, contraband or drugs were found in this search.
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238. Marcus was then put in plastic cuffs and placed in the police van with the two other BARC members who were arrested. Marcus was transported to CBIC, arriving about 45 minutes after her initial encounter with the police.
239. Marcus was then taken to a filthy, crowded cell where some inmates were forced to sit on the floor.
240. Marcus was charged with failure to obey, and released on her own recognizance at about 8:00 a.m. on October 13, 2007 after being held at CBIC for about 13 hours.
241. The State’s Attorney nolle prossed all charges against Marcus on October 16, 2007.
10. The Illegal Search of Jeffrey Chapman 242. On or about October 13, 2005, at approximately 6:00 p.m., Jeffrey Chapman was walking on Marion Street in Baltimore eating a snack. 243. Baltimore Police Department Officer Willie N. Kennedy Jr. stopped his bicycle in front of Chapman. Kennedy arrested Chapman for littering, claiming that Chapman had dropped a packet of sweet and sour sauce on the sidewalk. 244. Officer Kennedy walked Chapman to a nearby police substation and placed Chapman in a makeshift cell, which appeared previously to have been a walk-in freezer. Chapman was told that he had been arrested for littering. 245. Approximately one hour later, Chapman was transferred to CBIC, arriving at approximately 8:00 p.m.
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246. At CBIC, in the presence of eight to ten other detainees, Chapman was subjected to a humiliating and non-private strip search by Officer Does Q and R. Chapman was forced to remove all clothing except his underwear.
247. This strip search was conducted despite the lack of probable cause or individualized suspicion that Chapman posed a threat to the security of the facility. This search revealed no drugs, weapons or contraband.
248. After this strip search, Chapman was confined to a small filthy cell with more than ten other detainees with an open toilet and a single bench.
249. Chapman was released at approximately 6:00 a.m. the next day. 250. Unable to sleep in the crowded cell with no where to lie except the cement floor, and fearing for his safety should he fall asleep, Chapman was unable to work the next day. 251. Chapman was never prosecuted for any crime or brought before a court co m m i s s ion er. B. The Police Department's Illegal Practices 252. The experiences of these individual plaintiffs are not unique. They stem from a broader policy and practice by the Police Department of arresting persons without probable cause in order to satisfy performance goals and to show progress in fighting crime by means of high arrest numbers. 253. Under the direction and oversight of the Commissioner and Deputy Commissioner, the Police Department has used a "performance evaluation system" that demands that officers make a large number of arrests, regardless of the number or success of resulting prosecutions. Each patrol officer is required to tally his enforcement statistics,
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including citations and arrests. These numbers are then compared to averages from that officer's squad and shift. The three officers in each district with the lowest scores are subject to reassignment to other districts.
254. Police officers generally disfavor reassignment because it can greatly disrupt their personal and professional lives.
255. Upon information and belief, the Police Department has a policy by which no automatic disciplinary action is taken against a police officer if a plaintiff succeeds in a civil case challenging the conduct of the officer.
256. Upon information and belief, the Police Department has no practice of reviewing arrests to see whether they result in successful prosecutions, nor of reviewing arrest reports in those cases that are not prosecuted to determine whether officers had sufficient probable cause for the arrest or charge.
257. These policies create perverse incentives for police officers by rewarding those officers who arrest innocent bystanders and punishing those who respect their obligations to the City and the public.
258. These perverse incentives are unavoidable because, under the "performance evaluation system," all arrests are counted—even those made with no basis for probable cause. Furthermore, the Police Department does not punish officers for excessive numbers of arrests without probable cause.
259. Thus, under this system, an officer will not be reassigned even if every single one of his arrests is made without probable cause, so long as his volume of arrests is not
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among the three lowest in his district. By contrast, a different officer whose volume of arrests is the third lowest in his district will be reassigned even if all of his arrestees were convicted.
260. The system therefore encourages all officers to make as many arrests as possible, regardless of their justification, to avoid transfer.
261. As confirmation, State's Attorney Patricia Jessamy stated at a public legislative hearing on January 4, 2006, that the Police Department routinely and increasingly arrests people without probable cause.
262. To exacerbate matters, the Police Department, its Commissioner, Mr. Hamm, its Deputy Commissioner, the Mayor, Mr. O'Malley, and the City—though they all are or were, at times relevant to this lawsuit, aware of the Police Department's pattern and practice of illegal arrests—have failed to take adequate steps to abate the pattern and practice, despite their authority to do so. They have failed to train and supervise police officers adequately. They have not properly encouraged arrests based on probable cause. They have affirmatively encouraged overly aggressive and unlawful police tactics, by directing supervisors to ensure that officers keep arrest numbers up, in the belief that a high number of arrests will keep the crime rate down, regardless of the quality of those arrests. In short, they have made the unconstitutional and illegal conduct worse. C. Grading the Police Department
263. Due to the policies and practices described above, the Baltimore Police Department has severe police accountability problems.
264. Baltimore City State's Attorney's Office Annual Statistical Reports indicate that, in 2005, the Police Department arrested 76,497 individuals without warrants. Prosecutors
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declined to charge 25,293 of the arrestees. Thus, during 2005, three out of every ten people arrested without warrants in Baltimore City were not prosecuted, based solely on a review of the charging documents by the State's Attorney, prior to any involvement by a defense attorney or any decision by a court commissioner or judge. The State's Attorney has publicly stated that prosecutors declined to charge about 30% of the arrestees in 2005 because, in the State's view, the case was "legally insufficient."
265. In 2005, prosecutors indicated that they could not prove charges against 7,510 people arrested for loitering, impeding, or obstructing pedestrian traffic during that year. Those arrests account for nearly 10% of all warrantless arrests in Baltimore for that year.
266. During 2005, prosecutors indicated that they could not prove charges against 1,832 persons arrested for trespassing and 1,650 persons arrested for disorderly conduct, failure to obey, or disturbing the peace. Together, these arrests account for nearly another 5% of all warrantless arrests in Baltimore for that year.
267. Thus, prosecutors indicated that they could not prove charges against those persons arrested for often vague "quality of life" offenses in 2005, which amounted to nearly 15 percent of the persons arrested without a warrant during that year. D. The Effects of the Police Department's Arrest Policy on CBIC
268. The Police Department's pattern and practice of encouraging large numbers of illegal arrests causes a backlog at CBIC that leads CBIC to perform unconstitutional strip searches and to subject arrestees to overcrowded conditions and extended detentions.
269. CBIC was designed to handle about 60,000 bookings each year and to accommodate 895 arrestees at any one time. Because of the Police Department's arrest
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policies, it now handles more than 100,000 bookings each year and regularly holds more than 1,200 arrestees at any one time. Defendant Smith has characterized the problems at CBIC as a "systems overload." The overcrowding at CBIC has led to two distinct problems.
270. First, CBIC regularly subjects all male arrestees to public strip searches, without individualized suspicion and regardless of the arrestees' charges. Often, these strip searches are humiliating, non-private body cavity searches. Most of these searches are not reasonably related to any legitimate security interest or to any reasonable suspicion of concealed contraband.
271. Second, the backlog causes CBIC to delay, in some cases, presentment of arrestees beyond the twenty-four hour maximum established in Maryland Rule 4-212(f). In some cases, detainees have been held at CBIC for more than forty-eight hours before presentment. CBIC makes no adequate effort to structure its systems so that it can timely process all detainees even though CBIC officials are aware of its deficiencies. Indeed, a consultant's report to the State in October 2005 stated that "no one [is] in charge" of ensuring the prompt processing of detainees at CBIC.
272. The Warden, Commissioner of Pretrial Services, Secretary, and State condone, affirmatively encourage, or knowingly fail to address these two policies and practices at CBIC, despite their responsibility to address them through proper training, supervising, monitoring, and disciplining of staff or through the formulating, implementing, and executing of appropriate policies. E. The Effects of the Police Department's Arrest Policy on the Arrestees
273. These illegal arrests, searches, and detentions traumatize arrestees.
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274. Individuals who are illegally arrested suffer humiliation and degradation when they are being dragged away in handcuffs in front of their friends, family, or neighbors. The stigma of being illegally arrested can follow an arrestee for years, in part because those who know an arrestee are unlikely to forget the sight of the arrestee being hauled away in handcuffs in the back of a police car.
275. At CBIC, innocent arrestees are subjected to dehumanizing and humiliating public strip searches that involve stripping down to underwear, pulling down the underwear, and—often—submitting to a visual body cavity search. The searches are performed in public view and alongside other detainees. The victims of such unwarranted invasions of privacy are humiliated, degraded, and stigmatized.
276. An individual who is arrested is often physically harmed or threatened while detained at CBIC. And the threat does not come just from other arrestees. In May 2005, a detainee was beaten to death by guards at the CBIC. In the wake of that incident, eight CBIC guards were fired and the FBI has opened an investigation. The detainee's death was classified as a homicide.
277. While detained at CBIC, an arrestee is held in filthy and overcrowded conditions with numerous other arrestees. Cells are often so crowded that arrestees are forced to sleep on the floor. In some cases, the cells are so crowded that inmates must sit or crouch in uncomfortable positions on unsanitary floors for hours at a time. The "meals" are inedible.
278. An individual who is illegally arrested also suffers the loss of his liberty for hours or days. Such detention can result in a detainee losing his job when he fails to
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appear at work and may also harm relations with family if an individual is unable to meet family obligations while illegally detained.
279. The presence of an arrest record, even if the arrestee is "released without charge," can follow an individual for years, making it difficult to obtain jobs, housing, or any other opportunity that may require a criminal background check.
280. For confirmed criminals, the prospect of spending hours or days in Central Booking, while unpleasant, is a cost of doing business, and does nothing to deter them from their unlawful behavior or to make Baltimore safer. For innocent victims of these arrest practices, however, being unlawfully arrested can be a life-changing event. F. The City's and the Police Department's Response
281. Despite these stories and statistics, the City and Police Department make no apologies.
282. In response to repeated and persistent complaints by public officials, Baltimore community leaders, and community groups with regard to this ongoing pattern of unlawful arrests, the City and the Police Department have consistently refused to acknowledge that a problem exists.
283. Moreover, former Mayor and Defendant O'Malley consistently refused to acknowledge that such a problem exists.
284. At a community forum designed to address police practices on January 4, 2006, then-Mayor and Defendant O'Malley proposed eliminating oversight by the State's Attorney's Office of individuals arrested by the Police Department.
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285. Eliminating the oversight by the State's Attorney's Office would obviously fail to have any effect on the number of illegal arrests. Such a proposal would succeed at one thing, however, it would hide from the public the thousands of illegal arrests made by the Police Department without probable cause.
VI. CAUSES OF ACTION A. Count I: Facial and As Applied Challenge to the Loitering Ordinance under the
First, Fourth, and Fourteenth Amendments to the U.S. Constitution and Articles 19, 26, and 40 of the Maryland Declaration of Rights 286. This Count incorporates all of the other allegations in this Complaint. 287. This Count is brought by the individual Plaintiffs Howard, Braxton, Lowery, Stoner, Scott, Wright, Higgs, Marcus, Horsey, Lindsay, and Crockett and the NAACP against the City, the Police Department and defendants O’Malley, Dixon, Hamm, Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Hamilton, Mealey, and Does 1-100. 288. This is an "as applied" challenge to the enforcement of the Loitering Ordinance, Baltimore, Md., Police Ordinances art. 19, § 25-1 (2005). In the alternative, it is a facial challenge to the Loitering Ordinance itself. 289. The Police Department has interpreted the Loitering Ordinance incorrectly to allow arrests of persons engaged in no wrongdoing merely for standing on the public sidewalks. By arresting persons merely for standing, the Police Department has effectuated a policy of arrests without probable cause that a violation of the Loitering Ordinance has occurred in violation of the Fourth Amendment to the U.S. Constitution and Article 26 of the Maryland Declaration of Rights.
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290. In the alternative, if the Police Department correctly interprets the Loitering Ordinance to permit an arrest when an innocent bystander merely is standing on a public sidewalk, the Loitering Ordinance is unconstitutional on its face as a violation of the First and Fourteenth Amendments to the U.S. Constitution, and Articles 19 and 40 of the Maryland Declaration of Rights. B. Count II: Fourth and Fourteenth Amendment Violations for Unconstitutional
Arrests under Section 1983 291. This Count incorporates all of the other allegations in this Complaint. 292. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Lowery, Stoner, Johnson, Crockett, Scott, Wright, Higgs, Marcus, Horsey and Lindsay, and the NAACP against the City, the Police Department and defendants O’Malley, Dixon, Hamm, Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Hamilton, Mealey, and Does 1-100.. 293. Defendants the City, the Police Department, O'Malley, Dixon, Hamm, Bealefeld, Brown, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 are "persons" within the meaning of 42 U.S.C. § 1983. 294. The Defendants violated or caused the violation of the constitutional rights of the individual Plaintiffs. 295. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 directly violated the
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constitutional rights of the individual Plaintiffs by arresting them without probable cause and under an illegal pattern and practice.
296. The City, O'Malley, Mayor Dixon, the Police Department, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris caused these and other similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice.
297. The City, Mayor Dixon, the Police Department, and Commissioner Bealefeld will continue to cause similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice in the future.
298. It is clearly established now and was clearly established at the time of their actions that the conduct, patterns, and practices of the Defendants violated and continue to violate the Fourth and Fourteenth Amendments to the U.S. Constitution.
299. As an actual and proximate result of Defendants' conduct, patterns, and practices, individual Plaintiffs suffered damages.
300. In addition, because the conduct, patterns, and practices are ongoing, it is likely that Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. C. Count III: Fourth and Fourteenth Amendment Violations for Unconstitutional
Strip Searches under Section 1983 301. This Count incorporates all of the other allegations in this Complaint. 302. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Lowery, Stoner, Johnson, Crockett, Scott, Horsey, Chapman and Wright, and the NAACP against Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and
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Officer Does A-R in their individual capacities. In addition, Defendants Maynard, Smith, and Franks are sued in their official capacity for declaratory and prospective injunctive relief. These defendants are therefore "persons" within the meaning of 42 U.S.C. § 1983.
303. The Defendants violated or caused the violation of the constitutional rights of the individual Plaintiffs.
304. Officer Does A-R directly violated the constitutional rights of the individual Plaintiffs by conducting indiscriminate, non-private, visual strip searches of them, without probable cause or individualized suspicion to believe they possessed weapons or contraband.
305. The policy of strip searching, without individualized suspicion, every person arrested for loitering or other "quality of life" offenses is not necessary to protect officer safety, to preserve evidence, or to ensure prison security.
306. Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to the individual Plaintiffs' legal rights, established, implemented, enforced, or failed to remedy an illegal and unconstitutional policy and practice at CBIC of conducting indiscriminate, non-private, visual strip searches of persons temporarily detained at the center, without probable cause or individualized suspicion to believe the detainees possessed weapons or contraband.
307. It is clearly established now and was clearly established at the time of their actions that the conduct, patterns, and practices of the Defendants violated and continue to violate the Fourth and Fourteenth Amendments to the U.S. Constitution.
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308. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
309. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. D. Count IV: Fourth and Fourteenth Amendment Violations for Unconstitutional
Overdetentions under Section 1983 310. This Count incorporates all of the other allegations in this Complaint. 311. This Count is brought by Plaintiffs Howard and Braxton against Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy. In this Count, these Defendants are sued in their individual capacities only. They are therefore "persons" within the meaning of 42 U.S.C. § 1983. 312. The Defendants violated or caused the violation of the constitutional rights of Plaintiffs Howard and Braxton. 313. Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to Howard's and Braxton's legal rights, established, implemented, enforced, condoned, and failed to remedy the conduct, pattern, and practice at CBIC of holding detainees for more than twenty-four hours without charges, presentment, or release. 314. It was clearly established at the time of their actions that such conduct, patterns, and practices violated the Fourth and Fourteenth Amendments to the U.S. Constitution.
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315. As an actual and proximate result of Defendants' conduct, pattern, and practice, Plaintiffs Howard and Braxton suffered damages. E. Court V: Common Law Claim for Violations of Article 26 of the Maryland
Declaration of Rights for Unconstitutional Arrests 316. This Count incorporates all of the other allegations in this Complaint. 317. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Crockett, Scott, Wright, Horsey, Lindsay, Marcus and Higgs, and the NAACP against the City, the Police Department and defendants Mayor Dixon, O’Malley, Hamm, Commissioner Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Does 1-100. 318. A common-law private cause of action exists to remedy Maryland constitutional violations through both injunctive relief and money damages. 319. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 directly violated the constitutional rights of the individual Plaintiffs by arresting them without probable cause and under an illegal pattern and practice. 320. The City, the Police Department, and defendants Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris caused these and other similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice.
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321. The City, the Police Department, and defendants Mayor Dixon, the Police Department, and Commissioner Bealefeld will continue to cause similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice in the future.
322. The Defendants' conduct, patterns, and practices violate Article 26 of the Maryland Declaration of Rights.
323. Their conduct, patterns, and practices were made with malice, ill will, improper motive, and/or gross negligence.
324. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
325. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer harm as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. F. Count VI: Common Law Claim for Violations of Article 26 of the Maryland
Declaration of Rights for Unconstitutional Strip Searches 326. This Count incorporates all of the other allegations in this Complaint. 327. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Crockett, Scott, Horsey, Chapman and Wright, and the NAACP against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-R. 328. Officer Does A-R directly violated the constitutional rights of the individual Plaintiffs by conducting indiscriminate, non-private, visual strip searches of them, without
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probable cause or individualized suspicion to believe they possessed weapons or contraband.
329. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to the legal rights of Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Crockett, Scott, Horsey, and Wright established, implemented, enforced, or failed to remedy an illegal and unconstitutional policy and practice at CBIC of conducting indiscriminate, non-private, visual strip searches of persons temporarily detained at the center, without probable cause or individualized suspicion to believe the detainees possessed weapons or contraband.
330. The conduct, patterns, and practices of strip searching without individualized suspicion every arrestee brought to CBIC is not necessary to protect officer safety, to preserve evidence, or to ensure prison security.
331. The Defendants' conduct, patterns, and practices were made with malice, ill will, improper motive, and gross negligence.
332. Such conduct, patterns, and practices violate Article 26 of the Maryland Declaration of Rights.
333. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
334. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the Plaintiffs and NAACP members will suffer harm as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future.
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G. Count VII: Common Law Claim for Violations of Article 24 of the Maryland Declaration of Rights for Unconstitutional Overdetentions 335. This Count incorporates all of the other allegations in this Complaint. 336. This Count is brought by Plaintiffs Howard and Braxton against the State, Mary
Ann Saar, Commissioner Smith, Warden Franks, and Murphy. 337. A common-law private cause of action exists to remedy Maryland constitutional
violations through both injunctive relief and money damages. 338. The Defendants violated or caused the violation of the constitutional rights of
Plaintiffs Howard and Braxton. 339. The State, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy,
with deliberate indifference to Howard's and Braxton's legal rights, established, implemented, enforced, or failed to remedy the illegal and unconstitutional conduct of holding detainees for more than 24 hours at CBIC without charges, presentment, or release.
340. The Defendants acted with malice, ill will, improper motive, and gross negligence.
341. Such conduct violated Rule 4-212(f) and Article 24 of the Maryland Declaration of Rights.
342. As an actual and proximate result of Defendants' conduct, Plaintiffs Howard and Braxton suffered damages. H. Count VIII: Common Law Claim for False Imprisonment and False Arrest
343. This Count incorporates all of the other allegations in this Complaint. 344. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Higgs, Scott, Wright, Wilson, Horsey, Lindsay, Marcus and
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Crockett, and the NAACP against the State, the City, the Police Department and defendants Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100.
345. The City, Mayor Dixon, Martin O'Malley, the Police Department, former Commissioner Hamm, Commissioner Bealefeld, Marcus Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100 have deprived these individual Plaintiffs of liberty without consent or legal justification by causing them to be arrested without probable cause.
346. In addition, the State, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have deprived Plaintiffs Howard and Braxton of liberty without consent or legal justification by causing them to be detained at CBIC for longer than 24 hours without presentment, charges, or release.
347. The individual Defendants acted with actual malice, ill will, improper motive, and gross negligence.
348. As an actual and proximate result of Defendants' conduct, the individual Plaintiffs suffered damages.
349. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future.
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I. Count IX: Assault and Battery for the Illegal Arrests 350. This Count incorporates all of the other allegations in this Complaint. 351. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson,
Stoner, Lowery, Higgs, Scott, Wright, Johnson, Horsey, Lindsay, Marcus and Crockett, and the NAACP against the City, the Police Department, and defendants Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Joseph Chin, Michael Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100.
352. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100 unlawfully attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs by using physical force to illegally arrest them.
353. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100 acted with actual malice, ill will, and improper motive towards the individual Plaintiffs.
354. The City, Mayor Dixon, O'Malley, the Police Department, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris are vicariously liable for the officers' tortious conduct.
355. In addition, by facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the City, Mayor Dixon, O'Malley, the Police Department, Hamm, Commissioner Bealefeld, Brown, and Clark have attempted to cause, and succeeded in causing, a harmful or offensive contact with the individual Plaintiffs and NAACP members, namely, the use of physical force to illegally arrest them.
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356. Mayor Dixon's, O'Malley's, Hamm's, Commissioner Bealefeld's, Brown's, Clark's, and Norris's actions or omissions were made with malice, ill-will, improper motive, and gross negligence.
357. As an actual and proximate result of Defendants' conduct, the individual Plaintiffs suffered damages.
358. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future. J. Count X: Assault and Battery for Illegal Strip Searches
359. This Count incorporates all of the other allegations in this Complaint. 360. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Scott, Wright, Horsey, Chapman and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does AR. 361. Officer Does A-R unlawfully attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs by using physical force to conduct suspicionless strip searches of them at CBIC. 362. Officer Does A-R acted with actual malice, ill will, and improper motive towards the individual Plaintiffs. 363. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the acts and omissions of their employees.
62

364. In addition, by facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs, namely, the use of physical force to conduct suspicionless strip searches of them at CBIC.
365. Maynard's, Saar's, Smith's, Franks's, and Murphy's actions or omissions were made with malice, ill will, improper motive, and gross negligence.
366. As an actual and proximate result of Defendants' conduct, patterns, and practices, individual Plaintiffs suffered damages. K. Count XI: Negligence for Illegal Strip Searches
367. This Count incorporates all of the other allegations in this Complaint. 368. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Wright, Scott, Wright, Horsey, Chapman and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-R. 369. Officer Does A and B owed a duty of care to Plaintiffs Howard and Braxton. Officer Does C, D, and L owed a duty of care to Plaintiff Wilson. Officer Does E and F owed a duty of care to Plaintiffs Stoner and Lowery. Officer Does G and H owed a duty of care to Plaintiff Johnson. Officer Does I, J, and O owed a duty of care to Plaintiff Crockett. Officer Does K and N owed a duty of care to Plaintiff Raffic. Officer Doe O owed a duty of care to Plaintiff Wright. Officer Doe P owed a duty of care to Plaintiff Horsey. Officer Does Q and R owed a duty of care to Plaintiff Chapman.
63

370. Officer Does A-R breached their duty of care by conducting suspicionless strip searches of the individual Plaintiffs at CBIC.
371. Officer Does A-R also acted with gross negligence towards the individual Plaintiffs.
372. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the negligence or gross negligence of their employees.
373. In addition, by facilitating or failing to abate the known pattern and practice of illegal strip searches without individualized suspicion at CBIC, the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have breached a duty of care, which they owed to the individual Plaintiffs.
374. As an actual and proximate result of Defendants' negligence, the individual Plaintiffs suffered damages. L. Count XII: Invasion of Privacy for the Illegal Arrests
375. This Count incorporates all of the other allegations in this Complaint. 376. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Wright, Scott, Higgs, Horsey, Lindsay, Marcus and Crockett, and the NAACP against the Police Department, the City, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1100.
64

377. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 intentionally and unreasonably intruded upon the person of the individual Plaintiffs by illegally arresting them and using physical force against them without probable cause.
378. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 also acted with actual malice, ill will, improper motive, and gross negligence towards the individual Plaintiffs.
379. The Police Department, City, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris are vicariously liable for the tortious conduct of their employees.
380. In addition, by purposefully facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the Police Department, City, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris have intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs.
381. Mayor Dixon, O'Malley's, Hamm's, Brown's, Clark's, and Norris's actions or omissions were made with malice, ill-will, improper motive, and gross negligence.
382. As an actual and proximate result of Defendants' tortious conduct, the individual Plaintiffs suffered damages.
383. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future.
65

M. Count XIII: Invasion of Privacy for the Illegal Strip Searches 384. This Count incorporates all of the other allegations in this Complaint. 385. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson,
Stoner, Lowery, Johnson, Wright, Scott, Horsey and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does AR.
386. Officer Does A-R intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs by conducting suspicionless strip searches of them at CBIC.
387. Officer Does A-R also acted with actual malice, ill will, improper motive, and gross negligence towards the individual Plaintiffs.
388. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the tortious conduct of their employees.
389. In addition, by purposefully facilitating or failing to abate the known pattern and practice of illegal strip searches without individualized suspicion at CBIC, the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs.
390. Saar's, Smith's, Franks's, and Murphy's actions or omissions were made with malice, ill will, improper motive, and gross negligence.
391. As an actual and proximate result of Defendants' tortious conduct, the individual Plaintiffs suffered damages. N. Count XIV: Negligent Supervision and Training for the Illegal Strip Searches
392. This Count incorporates all of the other allegations in this Complaint.
66

393. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Wright, Scott, Horsey, Chapman and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy.
394. The State, Maynard, Saar, Smith, Franks, and Murphy owed a duty to the individual Plaintiffs to properly supervise and train their employee corrections officers not to strip search detainees without individualized suspicion.
395. However, by purposefully facilitating or failing to abate the known pattern and practice of routine strip searches of male detainees, the State, Maynard, Saar, Smith, Franks, and Murphy knew or should have known that their employee corrections officers would conduct such strip searches without individualized suspicion.
396. This conduct constituted and continues to constitute negligence or gross negligence.
397. As an actual and proximate result of Defendants' negligence, the individual Plaintiffs suffered damages.
VII. JURY DEMAND 398. Plaintiffs demand a jury trial on all such triable issues.
VIII. RELIEF WHEREFORE, on Counts I through XIV, the Plaintiffs respectfully request that this Court grant the following relief: A. Declare that Defendants' acts alleged above violate the Fourth and the
Fourteenth Amendments to the U.S. Constitution;
67

B. Declare that the Baltimore anti-loitering ordinance is unconstitutional on its face and as applied, pursuant to the First, Fourth, and Fourteenth Amendments to the U.S. Constitution and Articles 24, 26, and 40 of the Maryland Declaration of Rights;
C. Declare that Defendants' acts alleged above violate Articles 24 and 26 of the Maryland Declaration of Rights;
D. Permanently enjoin Defendants from pursuing the course of conduct complained of herein;
E. Award the individual Plaintiffs compensatory and consequential damages in an amount to be determined by a jury;
F. Award the individual Plaintiffs punitive damages against the individual defendants in their individual capacities only in an amount to be determined by a jury;
G. Order the expungement of arrest the records of the individual Plaintiffs;
H. Award all Plaintiffs attorneys' fees and costs incurred in bringing this action pursuant to 42 U.S.C. § 1988; and
I. Grant such other relief as this Court deems just and proper.

Respectfully Submitted,

Dated: December 18, 2007

/s/ Deborah A. Jeon David R. Rocah
AMERICAN CIVIL LIBERTIES UNION OF MARYLAND FOUNDATION 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 Phone: (410) 889-8555 Fax: (410) 366-7838

Mitchell A. Karlan Wayne A. Schrader

68

Daniel A. Cantu Bennett B. Borden Dave M. Wharwood Jason E. Morrow GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue N.W. Washington, District of Columbia 20036 Telephone: (202) 955-8500 Facsimile: (202) 467-0539 Attorneys for Plaintiffs
69

 
 Case 1:05-cv-01287-CCB Document 468 Filed 05/01/13 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

ERIC JONES, et al.,

*

Plaintiffs,

*

v.

* Civil No. CCB-05-1287

SUSAN MURPHY, et al.,

*

Defendants.

*

* * * * * * * * * * * * *

DEFENDANTS’ MOTION TO DISMISS CLAIMS OF PLAINTIFFS ERIC JONES AND DAVID COLYNS

Defendants William Jednorski and Susan Murphy, through counsel, respectfully

move to dismiss all individual claims filed by Plaintiffs Eric Jones and David Colyns

pursuant to Rules 37(d) and 41(b) of the Federal Rules of Civil Procedure. Since before

August 5, 2008, Plaintiffs Jones and Colyns have failed to participate in discovery or

otherwise prosecute the claims they have made against the Defendants in this case. As

such, their remaining individual claims against Defendants Jednorski and Murphy should

be dismissed.

BACKGROUND

Plaintiffs initiated this lawsuit on May 12, 2005, naming Eric Jones as an

individual defendant and as a proposed class representative. (Paper No. 1.) David

Colyns was added as an individual plaintiff and proposed class representative by

Plaintiffs’ Third Amended Complaint, filed on April 10, 2006. (Paper No. 55.) On

Case 1:05-cv-01287-CCB Document 468 Filed 05/01/13 Page 2 of 7
August 5, 2008, Defendants sent a notice of depositions to Plaintiffs’ counsel noting depositions for each of the named plaintiffs in the case, including Plaintiffs Jones and Colyns, and requesting that each plaintiff produce certain documents pertaining to the allegations set forth in the complaint. See Ex. 1, Notice of Depositions Upon Oral Examination. Between August and October 2008, Plaintiffs’ counsel reported that they were unable to make contact with either Jones or Colyns. In a Joint Status Report filed on October 17, 2008, Plaintiffs’ counsel explained that they had been “unable to produce” Plaintiffs Jones and Colyns for their depositions and also withdrew their request that those two individuals be designated as class representatives. (Paper No. 225, at 3; see also Paper No. 243, at 33 n.14). Plaintiffs Jones and Colyns were never deposed, and have apparently not participated in any way in this case since at least August 2008.
On April 22, 2013, Plaintiffs’ counsel filed a motion asking to withdraw their appearances for Plaintiffs Jones and Colyns. (Paper No. 458). The motion stated that counsel had not had contact with either Mr. Jones or Mr. Colyns since before October 17, 2008 (Paper No. 458, at 1), and were unable to act on their claims without their involvement (Id. at 2). The Court granted the motion on April 26, 2013. (Paper No. 467).
ARGUMENT Because Plaintiffs Jones and Colyns were withdrawn as class representatives, their only remaining claims are individual claims. Those claims should be dismissed under Federal Rules of Civil Procedure 37(d) and 41(b) because both plaintiffs have failed to
2

Case 1:05-cv-01287-CCB Document 468 Filed 05/01/13 Page 3 of 7

participate in the prosecution of this case and have violated the Federal Rules of Civil

Procedure pertaining to discovery by, among other things, failing to appear for

depositions.

I.

PLAINTIFFS JONES AND COLYNS EACH FAILED TO APPEAR FOR THEIR

OWN DEPOSITIONS, WARRANTING THE DISMISSAL OF THEIR CLAIMS

PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 37(D).

The claims filed by Plaintiffs Jones and Colyns should be dismissed pursuant to

Federal Rule of Civil Procedure 37(d) because each failed to appear for deposition after

being served with proper notice, and otherwise failed to participate in the discovery

process since at least August 2008. See Fed. R. Civ. P. 37(d)(1)(A)(i) & 37(b)(2)(A)(v).

In determining whether to impose sanctions under Rule 37(d), courts consider

(1) whether a party acted in bad faith; (2) the amount of prejudice their noncompliance

caused; (3) whether there is a need for deterrence of this particular type of

noncompliance; and (4) whether less drastic sanctions would be effective. See Mut. Fed.

Sav. & Loan Ass’n v. Richards & Assocs., 872 F.2d 88, 92 (4th Cir. 1989).

“A party’s total failure to comply with the mandates of discovery, with no

explanation for that failure, can certainly justify the harshest of sanctions.” Warren v.

United States, No. DKC-10-3015, 2011 U.S. Dist. LEXIS 90658, at *4-5 (D. Md. Aug.

15, 2011). Here, without any explanation, Plaintiffs Jones and Colyns failed to appear for

depositions. See id. (finding that the plaintiff acted in bad faith where she failed to attend

her own deposition or otherwise abide by the rules of discovery). According to the filing

3

Case 1:05-cv-01287-CCB Document 468 Filed 05/01/13 Page 4 of 7
by their former counsel, Plaintiffs Jones and Colyns failed to respond to their attorneys’ inquiries for over four years.
“‘The purpose of pre-trial discovery is for a litigating attorney to obtain information from the opposing party, information which in many cases is not otherwise available.’” Id. at *7 (quoting Middlebrooks v. Sebelius, No. PJM-04-2792, 2009 U.S. Dist. LEXIS 71966, 2009 WL 2514111, at *3 (D. Md. Aug. 13, 2009)). A failure to comply with discovery rules must be deterred, as “[t]here is no doubt” that Plaintiffs Jones and Colyns’s failure to participate in this case since at least 2008 has “resulted in prejudice to [the Defendants] by preventing [them] from conducting discovery, evaluating the merits of the claims against [them], and from adequately preparing [their] defense to” the individual claims of Jones and Colyns. Aerodyne Sys. Eng’g, Ltd. v. Heritage Int’l Bank, 115 F.R.D. 281, 288 (D. Md. 1987). In light of the fact that even Plaintiffs’ counsel has been unable to make contact with Plaintiffs Jones and Colyns since at least October 2008, it is clear that a less drastic sanction would not be effective here. Thus, dismissal of the individual claims of Plaintiffs Jones and Colyns is appropriate.
II. THE CLAIMS BROUGHT BY PLAINTIFFS JONES AND COLYNS SHOULD BE DISMISSED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(B). Plaintiffs Jones and Colyns’s claims should also be dismissed pursuant to Federal
Rule of Civil Procedure 41(b) because they have failed to prosecute those claims, or otherwise to comply with the federal rules pertaining to discovery. See Fed. R. Civ. P.
4

Case 1:05-cv-01287-CCB Document 468 Filed 05/01/13 Page 5 of 7
41(b). In evaluating whether to dismiss an action under these circumstances, district courts consider “(1) the degree of personal responsibility of the plaintiff, (2) the amount of prejudice caused the defendant, (3) the existence of a drawn out history of deliberately proceeding in a dilatory fashion, and (4) the existence of sanctions less drastic than dismissal.” Herbert v. Saffell, 877 F.2d 267, 270 (4th Cir. 1989) (internal quotation marks omitted). Here, each of these four factors weighs in favor of dismissal.
Plaintiffs Jones and Colyns are personally responsible for their failure to participate in the prosecution of this case or to abide by the discovery rules. Under Rule 41(b), a plaintiff is personally responsible for his unavailability where he has failed to provide adequate contact information. See O’Neal v. Cook Motorcars, Ltd., No. L-961816, 1998 U.S. Dist. LEXIS 10180, *3-4 (D. Md. April 1, 1998) (dismissing claims made by plaintiff who failed to provide an adequate telephone number or residential address, and thus failed to appear for his deposition); see also Van Gorkom v. Deutsche Bank, No. WDQ-04-2802, 2007 U.S. Dist. LEXIS 100294, at *5 (D. Md. July 12, 2007) (citing plaintiff’s refusal to agree to a deposition date, answer interrogatories, or produce documents as evidence of the plaintiff’s history of deliberate delay). Here, Plaintiffs Jones and Colyns apparently failed to provide their own counsel with updated contact information, making it impossible for the Defendants to obtain discovery to defend against their claims. Plaintiffs Jones and Colyns now have a “long history of proceeding in a dilatory fashion,” and should not be allowed to move forward in this case. As such, the sanction of dismissal is warranted.
5

Case 1:05-cv-01287-CCB Document 468 Filed 05/01/13 Page 6 of 7
CONCLUSION The claims filed by Plaintiffs Jones and Colyns should be dismissed with prejudice.
Respectfully submitted, DOUGLAS F. GANSLER Attorney General
/s/ ____________________________ BEATRICE NUÑEZ-BELLAMY, Bar No. 29582 MATTHEW J. FADER, Bar No. 29294 WILLIAM F. BROCKMAN, Bar No. 26576 Assistant Attorneys General 200 St. Paul Place, 20th Floor Baltimore, Maryland 21202 410-576-7906 (tel.); 410-576-6955 (fax) bnunezbellamy@oag.state.md.us mfader@oag.state.md.us wbrockman@oag.state.md.us Attorneys for Defendants William Jednorski and Susan Murphy Dated: May 1, 2013
6

Case 1:05-cv-01287-CCB Document 468 Filed 05/01/13 Page 7 of 7 CERTIFICATE OF SERVICE
I CERTIFY that, on this 1st day of May, 2013, a copy of the foregoing Motion to Dismiss Claims of Plaintiffs Eric Jones and David Colyns was served upon counsel of record through the ECF system, and by U.S. first class mail, postage prepaid, to the last known addresses provided for Eric Jones and David Colyns by their former counsel in Paper No. 458:
Eric Jones P.O. Box 71 Harpers Ferry, West Virginia 25425 David Colyns 2119 Ramsay Street Baltimore, Maryland 21223
_________/s/_______________ Beatrice Nuñez-Bellamy
7

Case 1:05-cv-01287-CCB Document 468-1 Filed 05/01/13 Page 1 of 3 Exhibit 1

Case 1:05-cv-01287-CCB Document 468-1 Filed 05/01/13 Page 2 of 3 Exhibit 1

Case 1:05-cv-01287-CCB Document 468-1 Filed 05/01/13 Page 3 of 3 Exhibit 1

Case 1:05-cv-01287-CCB Document 468-2 Filed 05/01/13 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

ERIC JONES, et al.,

*

Plaintiffs,

*

v.

* Civil No. CCB-05-1287

SUSAN MURPHY, et al.,

*

Defendants.

*

* * * * * * * * * * * * *

ORDER

Upon consideration of Defendants’ Motion to Dismiss Claims of Plaintiffs Eric

Jones and David Colyns, and any response, that motion is GRANTED, and it is

ORDERED that Plaintiffs Eric Jones and David Colyns’s individual claims against the

Defendants are DISMISSED WITH PREJUDICE.

Dated: _____________

___________________________ Honorable Catherine C. Blake United States District Judge

 
 Maryland State Conference of NAACP Branches v...., Not Reported in...

2006 WL 3626898 Only the Westlaw citation is currently available.
United States District Court, D. Maryland.
MARYLAND STATE CONFERENCE OF NAACP BRANCHES, et al. v.
BALTIMORE CITY POLICE DEPARTMENT, et al.
Civil No. CCB–06–1863. | Dec. 1, 2006.
Attorneys and Law Firms
Daniel Alfonso Cantu, Dave Merwin Wharwood, Jan Meir Geht, Jason Jacob Mendro, Jason Eugene Morrow, Wayne A. Schrader, Gibson Dunn and Crutcher LLP, Washington, DC, Mitchell A. Karlan, Gibson Dunn and Crutcher LLP, New York, NY, Deborah A. Jeon, David Robert Rocah, American Civil Liberties Union of Maryland Foundation, Baltimore, MD, for Plaintiffs.
Karen Stakem Hornig, Patrick Sheridan, Baltimore Police Department Legal Affairs Division Joshua Neal Auerbach, Michael Francis Conti, Baltimore City Department of Law City Hall William F. Brockman, David Reid Moore, J. Joseph Curran, Jr, Office of the Attorney General, Karl Aram Pothier, State of Maryland Office of the Attorney General Public Safety and Correctional Services, Baltimore, MD, for Defendants.
Opinion
MEMORANDUM
CATHERINE C. BLAKE, United States District Judge.
*1 The complaint in this case asserts various constitutional and state law claims against the Baltimore City Police Department (“BPD”), the Mayor and City Council of Baltimore (“City”), the Mayor individually, current and former BPD commissioners, and individual police officers, collectively “the City defendants”, for allegedly unlawful arrests (Counts 2, 5, 8, 9, 12). It also asserts claims against the State of Maryland, the Secretary of the Department of Public Safety and Correctional Services, the Commissioner of the Division of Pretrial Detention, current and former wardens at the Central Booking and Intake Center (“CBIC”), and CBIC officers, collectively “the State defendants”, for allegedly unlawful strip searches and “over detentions” at CBIC (Counts 3, 4, 6, 7, 8, 10, 11, 13, 14). Further, Count 1 asserts against the City a claim that the Baltimore City loitering

ordinance is unconstitutional as applied, or in the alternative unconstitutional on its face. The complaint seeks certification for a class consisting of “arrestees who were (1) arrested by the Police Department without probable cause and (2) released without charges after being booked at CBIC.” (Compl.¶ 135.) The plaintiffs, who seek only equitable and not monetary relief for the class, have not formally moved for class certification at this time.
The State defendants have answered the complaint; the City defendants have filed a motion to dismiss or for summary judgment and a motion to certify to the Maryland Court of Appeals the question of the constitutionality of the loitering ordinance. These issues have been fully briefed.
First, the City defendants request that I deny the request for class certification, pointing to the lack of an identified unlawful policy uniformly applicable to the proposed class and to the need to determine whether there was probable cause for each allegedly unlawful arrest, “an individualized and fact specific inquiry” (Defs.’ Mem. at 18) that would make the proposed class unsuitable for certification. More specifically, the defendants identify three theories they attribute to the plaintiffs on which class certification might be based: (1) that arrests for certain “quality of life” crimes are categorically illegal; (2) that the decision of the State’s Attorney not to prosecute certain crimes establishes that arrests for those crimes were unlawful; and (3) that the use of a performance evaluation system for police officers based on the number of arrests is unlawful. (Defs.’ Reply Mem. at 12–13.) The City defendants argue strongly, however, that none of these theories, even if supported by the facts, is legally correct, as neither a prosecutor’s decision not to prosecute nor a performance evaluation system based on arrests would render unlawful an arrest supported by probable cause. (Defs.’ Mem. at 14–15.)
In response, the plaintiffs point out that they have not yet moved for class certification and may not do so, although they appear to maintain that class certification is appropriate based on allegations that “the police department, at the direction of the Mayor, engaged in a systematic practice of arresting individuals without probable cause for certain categories of offenses.” (Pls.’ Opp’n Mem. at 3–4, 15.) I am skeptical about the viability of certifying a class as apparently proposed, but agree with the plaintiffs that it would be premature to rule when no motion has been filed.
*2 In light of the justifiable concerns raised by the City defendants, however, the plaintiffs will be required to make their decision about whether to seek certification at an “early practicable time”. Further, these concerns may
1

Maryland State Conference of NAACP Branches v...., Not Reported in...

affect the scope of discovery. While the defendants agree that the plaintiffs may legitimately seek discovery about policies of the City and the BPD in connection with their individual claims (Defs.’ Reply Mem. at 22), broader class discovery may not be permitted in the absence of the plaintiffs’ demonstrating that they have a viable class to propose.
Second, the defendants apparently argue that all claims against the City and the Mayor should be dismissed, citing Clea v. Mayor and City Council of Baltimore, 312 Md. 662, 541 A.2d 1303 (1988) and Chin, et al. v. City of Baltimore, et al., 241 F.Supp.2d 546 (D.Md.2003) (Blake, J.). See Defs.’ Mem. at 32–4, 37, 40; Defs.’ Reply Mem. at 25–26. It is not necessary and would be premature to decide the full scope of these cases at this time, before the plaintiffs have an opportunity to establish claims against the City and the Mayor for their own actions. (Pls.’ Opp’n Mem. at 35–6, 38–41.) On the other hand, there appears to be little dispute1 that the BPD is entitled to sovereign immunity from claims for monetary damages, but not equitable relief,2 under state law, and that the City is entitled to governmental immunity for the common law torts asserted in the complaint. See Baltimore Police Department, et al. v. Cherkes, 140 Md.App. 282, 780 A.2d 410, 426, 429, 436 (Ct.Spec.App.2001).
Third, the City defendants have asked for dismissal or summary judgment on the individual plaintiffs’ claims for unlawful arrest. That will be denied.3 The claims plainly are sufficient to survive a Rule 12(b)(6) motion, and it would be premature to grant summary judgment in the face of conflicting affidavits involving what the defendants agree is an “individualized and fact specific inquiry” into probable cause.4 Similarly, it would be premature to decide whether any individual defendant is entitled to qualified immunity before development of the particular facts against which the defense must be evaluated.

Finally, I will deny without prejudice the motion to certify. The plaintiffs initially make an “as applied” challenge to the enforcement of the loitering ordinance, arguing that the BPD has interpreted it incorrectly to allow an arrest of persons “engaged in no wrongdoing merely for standing on the public sidewalks.” (Compl.¶ 145.) Discovery into the claims of the individual plaintiffs may illuminate whether the BPD is in fact applying such an interpretation and may affect the scope and necessity of certification. While I agree with the defendants that certification may be justified to obtain an authoritative construction of a state law before a federal court rules on its constitutionality, see PSINet, Inc. v. Chapman, 317 F.3d 415, 424–25 (4th Cir.2003); NAACP Anne Arundel County Branch v. City of Annapolis, 133 F.Supp.2d 795, 806 (D.Md.2001) (Blake, J.), I think it better to determine the full context of the “as applied” challenge before deciding whether certification is needed.
*3 A separate Order follows.
ORDER
For the reasons stated in the accompanying Memorandum, it is hereby ORDERED that:
1. the Motions to Dismiss or for Summary Judgment (docket entries no. 20 and 54) are Denied in part and Granted in part; and
2. the Motion to Certify a Question (docket entry no. 19) is Denied without prejudice.
	  

Footnotes

1

The defendants initially assert that the BPD has sovereign immunity in all tort actions, both common law and constitutional, and

that the City enjoys governmental immunity when acting in a governmental capacity. (Defs.’ Mem. at 36–37, 39.) The plaintiffs do

not contest the BPD’s immunity for damages in any tort action nor do they dispute the City’s governmental immunity, but they

argue that they can obtain equitable relief from the BPD for its constitutional torts. (Pls.’ Opp’n Mem. 37–38, 42.) The defendants

in turn do not dispute this point, thereby reaching agreement on the scope of immunities accorded to the BPD and the City. (Defs.’

Reply Mem. 24–25.)

2

I am not currently ruling on whether the plaintiffs will ultimately be found to have standing to obtain injunctive relief.

3

I will permit the City to file its motion to dismiss or for summary judgment as to plaintiff Evan Howard, but deny the motion for

summary judgment and deny in part and grant in part the motion to dismiss for the same reasons set forth in the body of this memo.

4

Indeed, the defendants concede material factual disputes exist as to plaintiffs Stoner and Lowrey. (Defs.’ Reply Mem. at 1.)

2

Maryland State Conference of NAACP Branches v...., Not Reported in...
	  
3

 
 Case 1:06-cv-01863-CCB Document 133-2 Filed 12/18/2007 Page 1 of 63 Case 1:06-cv-01863-CCB Document 144 Filed 02/27/08 Page 1 of 63

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
MARYLAND STATE CONFERENCE OF NAACP BRANCHES, et al.,
Plaintiffs,

v.

CASE NO. 06-1863 (CCB)

BALTIMORE CITY POLICE DEPARTMENT, et al.,
Defendants.
_______________________________________
Proposed New Plaintiffs,
TIMOTHY JOHNSON, 201 S. Main St., Bryan, TX 77803; TAVIS CROCKETT, 2909 W. Mosher St., Baltimore, MD 21216; RAFFIC SCOTT, 31 Saturn Ct., Parkville, MD 21234; KERRELL K. WRIGHT, 535 Rossiter St., Baltimore, MD 21212; CAROL HIGGS, 1601 Guilford Ave. Apt. 4 South, Baltimore, MD 21204; ARMONDO HORSEY, 103 E. Chase St., Baltimore, MD, 21202; JONATHAN LINDSAY, 4 Fountain Ridge, Parkville, MD 21234; ERIN MARCUS, 932 N. Charles St. Apt. 3R, Baltimore, MD 21201; and JEFFREY CHAPMAN, 3428 Dayta Drive, Baltimore, 21218.
Existing Plaintiffs with updated information,
TYRONE BRAXTON, 5007 Corley Road, Apt. C3, Baltimore, MD 21207; AARON STONER, 14241D Falling Waters Road, Williamsport, MD 21795,

Case 1:06-cv-01863-CCB Document 133-2 Filed 12/18/2007 Page 2 of 63 Case 1:06-cv-01863-CCB Document 144 Filed 02/27/08 Page 2 of 63
Proposed New Defendants,
SHEILA DIXON, individually, and in her official capacity as Mayor, City of Baltimore, 100 North Holliday St., Baltimore, MD 21202; GARY D. MAYNARD, individually, and in his official capacity as Secretary, Department of Public Safety and Correctional Services, c/o Douglas F. Gansler, Attorney General of Maryland, 200 St. Paul Place, Baltimore, MD 21202; P/O HERON, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O J. GREY, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O JOSEPH CHIN, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O SOUTHARD, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O MICHAEL PINKOSZ, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O LOLANDO L. HAMILTON, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; P/O RONALD S. MEALEY, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202, and JOHN DOES F-R, individually, and in their official capacity as Corrections Officers, Central Booking and Intake Center, 400 East Madison St., Baltimore, MD 21202.
Existing Defendants with updated information,
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MARTIN O’MALLEY, former Mayor of the City of Baltimore, individually, 100 State Circle, Annapolis, MD 21401; LEONARD HAMM, former Commissioner, Baltimore City Police Department, individually, Last Known Address: 601 East Fayette St., Baltimore, MD 21202; MARCUS L. BROWN, former Deputy Commissioner of the Baltimore City Police Department, individually, 7201 Corporate Center, Hanover, MD 21076; FREDERICK H. BEALEFELD III, individually, and in his official capacity as Commissioner, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202; MARY ANN SAAR, former Secretary of the Department of Public Safety and Correctional Services, individually, c/o Douglas F. Gansler, Attorney General of Maryland, 200 St. Paul Place, Baltimore, MD 21202;
FIRST AMENDED COMPLAINT AND JURY DEMAND
Plaintiffs Maryland State Conference of NAACP Branches and Baltimore City Branch of the NAACP (collectively, "NAACP") and Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell Wright, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman and Carol Higgs sue various state and local entities and individuals for violations of federal and state law and seek declaratory, injunctive, monetary, equitable, and all other relief to which they are entitled.
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I. INTRODUCTION 1. Under a pattern and practice set and enforced by city officials, Baltimore police officers arrest individuals without probable cause, in violation of the U.S. Constitution and the Maryland Declaration of Rights. 2. To encourage this pattern and practice, the Baltimore City Police Department ("Police Department") rewards police officers with more arrests and punishes officers with fewer arrests, regardless of the number or success of resulting prosecutions. 3. As a consequence, Baltimore prosecutors decided to drop the charges against approximately 30 percent of those arrested without a warrant in 2005 prior to any involvement by a defense attorney, and prior to review of the charges by a court commissioner. 4. The Maryland Central Booking and Intake Center ("CBIC") receives these arrestees for processing, and compounds the problem by conducting strip searches of male arrestees without probable cause or individualized suspicion that they are carrying weapons or contraband, in violation of the U.S. Constitution and the Maryland Declaration of Rights. 5. The volume of arrests by the Police Department has caused CBIC to detain many arrestees beyond the statutory time limit of 24 hours before presentment or release, in violation of Maryland Rule 4-212(f) and the Maryland Declaration of Rights. In some cases, the detentions have exceeded 48 hours, in violation of the U.S. Constitution. 6. These unconstitutional and illegal acts degrade, humiliate, and cause grave harm to their victims. Individuals who are arrested suffer unwarranted deprivation of personal liberty, sometimes for days. They may lose their jobs or be denied job opportunities in the future as a result of the permanent stigma of having a criminal charge on their record. They suffer the humiliation of being hauled away in
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handcuffs in front of friends, family, or neighbors. At CBIC, they are subjected to the degradation of strip searches—in many cases, visual body cavity searches—in front of other detainees. They are detained, sometimes for days at a time, in filthy, overcrowded conditions. Then, when the State's Attorney declines to prosecute, they are Released Without Charge (RWOC'd), though they have technically already been charged by the police—often because the police had no right to arrest them in the first place.
7. Despite the patently unconstitutional and illegal nature of this conduct and its detrimental effects on the Baltimore residents whom the laws are supposed to protect, city officials have refused to reform their practices. The time has come to rein in this abuse of power and stop these unconstitutional and illegal acts.
II. JURISDICTION AND VENUE 8. This Court has jurisdiction over this case pursuant to 28 U.S.C. §1331. 9. Venue is proper as the events complained of occurred in the Northern Division of the District of Maryland, and the defendants carry out business therein. 10. This Court has personal jurisdiction over Defendants State of Maryland ("State"), the Mayor and City Council of the City of Baltimore ("City"), and the Police Department because they are entities consisting of or located within Maryland. 11. This Court also has personal jurisdiction over individual Defendants Maynard, Saar, Smith, Franks, Murphy, O'Malley, Dixon, Hamm, Brown, Bealefeld, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, Officer Does A-R, and Officer Does 1-100. Upon information and belief, Maynard, Saar, Smith, Franks, Murphy, Dixon, O'Malley, Hamm, Brown, Bealefeld, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey,
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Chin, Southard, Pinkosz, Hamilton, Mealey, Officer Does A-R, and Officer Does 1-100 maintain domiciles within the State of Maryland. In addition, this Court has personal jurisdiction over all of the individual Defendants under Maryland's long-arm statute because (a) their tortious actions and omissions occurred and caused injury within Maryland and (b) they are (or were at the time of the illegal acts) all employed within Maryland, thus performing a character of work or service within Maryland.
III. PRE-SUIT REQUIREMENTS 12. Plaintiffs Howard, Lowery, Braxton, Stoner, Wilson, Johnson, Crockett, Horsey, Lindsay, Marcus, and Chapman have satisfied the necessary pre-suit prerequisites under the Maryland Tort Claims Act and the Local Government Tort Claims Act for each of the pertinent claims listed below in Section VIII; Plaintiff Higgs has satisfied the necessary prerequisites under the Local Government Tort Claims Act; and Plaintiffs Scott and Wright have satisfied the necessary prerequisites under the Maryland Tort Claims Act. 13. Evan Howard submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 23, 2005. On September 29, 2005, the City notified Mr. Howard's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 4, 2005, the Maryland State Treasurer acknowledged receipt of Mr. Howard's claim. The Maryland State Treasurer failed to give Mr. Howard notice of a final decision within six months after the filing of his claim. 14. Tyrone Braxton submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 23, 2005. On September 29, 2005, the City notified Mr. Braxton's counsel that the claim against the City had been
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referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 11, 2005, the Maryland State Treasurer acknowledged receipt of Mr. Braxton's claim. The Maryland State Treasurer failed to give Mr. Braxton notice of a final decision within six months after the filing of his claim.
15. Robert Lowery submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 29, 2005. On October 5, 2005, the City notified Mr. Lowery's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 6, 2005, the Maryland State Treasurer acknowledged receipt of Mr. Lowery's claim. The Maryland State Treasurer failed to give Mr. Lowery notice of a final decision within six months after the filing of his claim.
16. Aaron Stoner submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 29, 2005. On October 5, 2005, the City notified Mr. Stoner's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 6, 2005, the Maryland State Treasurer acknowledged receipt of Mr. Stoner's claim. The Maryland Treasurer failed to give Mr. Stoner notice of a final decision within six months after the filing of his claim.
17. Donald Wilson submitted notice of his claims arising from his April 10, 2006 arrest to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested on June 15, 2006. On June 19, 2006, the City notified Mr. Wilson's counsel that the claim against the City related to this arrest had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition, and on the same date the Maryland State Treasurer acknowledged receipt of
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Mr. Wilson's claim. The Maryland State Treasurer failed to give Mr. Wilson notice of a final decision within six months after the filing of his claim.
18. Mr. Wilson submitted notice of his claims arising from his April 5, 2007 arrest to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested on August 2, 2007. On August 6, 2007, the City notified Mr. Wilson's counsel that the claim against the City related to this arrest had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition.
19. Timothy Johnson submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested on December 1, 2006. On January 4, 2007, the City notified Mr. Johnson's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On December 14, 2006, the Maryland State Treasurer acknowledged receipt of Mr. Johnson's claim. The Maryland State Treasurer failed to give Mr. Johnson notice of a final decision within six months after the filing of his claim.
20. Tavis Crockett submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on January 4, 2007. On January 19, 2007, the City notified Mr. Crockett's counsel that the claim against the City had been referred to Ms. Sandra Holmes of the Baltimore Police Department for attention and disposition. On January 11, 2007, the Maryland State Treasurer acknowledged receipt of Mr. Crockett's claim. The Maryland State Treasurer failed to give Mr. Crockett notice of a final decision within six months after the filing of his claim.
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21. Raffic Scott submitted his notice of his claims to the Maryland State Treasurer via certified mail, return receipt requested on May 25, 2007. On June 4, 2007, the Maryland State Treasurer acknowledged receipt of Mr. Scott's claim. On September 21, 2007, the state notified Mr. Scott that his claim had been denied. Mr. Scott asserts state causes of action (a) against city defendants only in their individual capacities, and (b) for injunctive and declaratory relief.
22. Kerrell Wright submitted his notice of his claims to the Maryland State Treasurer via certified mail, return receipt requested on May 25, 2007. On June 4, 2007, the Maryland State Treasurer acknowledged receipt of Mr. Wright's claim. On September 21, 2007, the state notified Mr. Wright that his claim had been denied. Mr. Wright at this time asserts state causes of action (a) against city defendants only in their individual capacities, and (b) for injunctive and declaratory relief.
23. Carol Higgs submitted notice of her claims to the Baltimore City Solicitor via certified mail, return receipt requested, on February 2, 2005. She received a notice dated March 2, 2005, from Richard M. Lane, Special Investigation Supervisor for the Department of Law – CBI, referring her claim to Michael Fry of the Baltimore City Police Department for attention and disposition. Ms. Higgs at this time asserts state causes of action for (a) damages against state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
24. Armondo Horsey submitted notice of his claims to the Baltimore City Solicitor and the Maryland state treasurer via certified mail, return receipt requested, on December 17, 2007. While his tort notices are pending, Mr. Horsey at this time asserts state causes of action for (a) damages against city and state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
25. Jonathan Lindsay submitted notice of his claims to the Baltimore City Solicitor and the Maryland state treasurer via certified mail, return receipt requested, on December 17, 2007. While his
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tort notices are pending, Mr. Lindsay at this time asserts state causes of action for (a) damages against city and state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
26. Erin Marcus submitted notice of her claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on December 17, 2007. While her tort notices are pending, Ms. Marcus asserts state causes of action for (a) damages against city and state defendants only in their individual capacities, and (b) injunctive and declaratory relief.
IV. THE PARTIES A. The Plaintiffs
27. Plaintiff Evan Howard is a 20-year-old student in the engineering program at Morgan State University and a resident of Baltimore, Maryland. He is a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. With the exception of the arrest described below, Mr. Howard has never been arrested or convicted of a crime. As explained below, Mr. Howard has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
28. Plaintiff Tyrone Braxton is a 21-year-old graduate of Carver Vocational Technical High School and a resident of Baltimore, Maryland. He is a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. With the exception of the arrest described below, Mr. Braxton has never been arrested or convicted of a crime. As explained below, Mr. Braxton has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
29. Plaintiff Donald Wilson is a 23-year-old resident of Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the
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United States and the State of Maryland. With the exception of the arrests described below, and a juvenile detention for disturbing the peace (which was never prosecuted), Mr. Wilson has not been arrested or convicted of a crime. As explained below, Mr. Wilson has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
30. Plaintiff Robert Lowery is a 29-year-old resident of Greencastle, Pennsylvania. He is a person and a citizen of the United States and the Commonwealth of Pennsylvania within the meaning of the constitutions of the United States and the Commonwealth of Pennsylvania. With the exception of the arrest described below, Mr. Lowery has never been arrested or convicted of a crime. As explained below, Mr. Lowery has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
31. Plaintiff Aaron Stoner is a 28-year-old resident of Williamsport, Maryland. He is a person and a citizen of the United States and the Commonwealth of Pennsylvania within the meaning of the constitutions of the United States and the Commonwealth of Pennsylvania. With the exception of the arrest described below, Mr. Stoner has never been arrested or convicted of a crime. As explained below, Mr. Stoner has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
32. Plaintiff Timothy Johnson is a 43-year-old PhD candidate in neurobiology, a research fellow at Texas A&M University, and a resident of Bryan, Texas. He is a citizen of the United States and the State of Texas within the meaning of the constitutions of the United States and the State of Texas. With the exception of the arrest described below, Mr. Johnson has never been arrested or convicted of a crime. As explained below, Mr. Johnson has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
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33. Plaintiff Tavis Crockett is a 19-year-old resident of Baltimore, Maryland, and a senior at Independent School Local 1. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. Prior to the arrests described below, Mr. Crockett had never been arrested or convicted of a crime. As explained below, Mr. Crockett has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
34. Plaintiff Raffic Scott is a 29-year-old resident of Parkville, Maryland. He is a member of the Israelite Church of God and Jesus Christ, in Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Scott has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
35. Plaintiff Kerrell Wright is a 24-year-old resident of Baltimore, Maryland, and a member of the Israelite Church of God and Jesus Christ, in Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Wright has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
36. Plaintiff Carol Higgs is a 62-year-old resident of Baltimore, Maryland. She is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Ms. Higgs has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
37. Plaintiff Armondo Horsey is a 37-year-old architect and resident of Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the
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constitutions of the United States and the State of Maryland. As explained below, Mr. Horsey has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
38. Plaintiff Jonathan Lindsay is a 36-year-old elementary school teacher and resident of Parkville, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Lindsay has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
39. Plaintiff Erin Marcus is a 25-year-old resident of Baltimore, Maryland. She is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Ms. Marcus has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
40. Plaintiff Jeffrey Chapman is a 51-year-old parking attendant at Camden Yards stadium and a resident of Baltimore, Maryland. He is a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. As explained below, Mr. Chapman has been injured and risks further harm as a result of the defendants' illegal acts and omissions.
41. Plaintiffs Maryland State Conference of NAACP Branches and Baltimore City Branch of the NAACP (collectively, "NAACP") are 501(c)(4) non-profit, membership organizations that advocate for civil rights, equality, and social justice. The NAACP sues for declaratory and injunctive relief on behalf of its Maryland resident members, who are likely to be subjected to future unconstitutional and illegal arrests, strip searches, and detentions under the policies and practices described herein.
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B. Defendants 1. Entities 42. Defendant State of Maryland ("State") is a state government. The State has statutorily
created, and is legally responsible for, the Department of Public Safety and Correctional Services ("Department"). The Division of Pretrial Detention and Services ("Pretrial Detention") is a division of the Department.
43. Defendant Mayor and City Council of the City of Baltimore ("City"), a municipal corporation, is a governmental entity within the meaning of the federal and state constitutions.
44. Defendant Baltimore City Police Department ("Police Department") is a government agency. The Mayor appoints the Commissioner of the Police Department with the advice and consent of the City Council. The City Council holds hearings on Police Department policy and sets the Police Department budget.
45. By virtue of being local governmental entities exercising power delegated by the State of Maryland, the City and the Police Department were acting under color of state law during all relevant times.
2. Officials 46. Defendant Gary Maynard is Secretary of the Department of Public Safety and Correctional Services. As Secretary, he acts under color of state law and exercises authority over the policies and practices of the Pretrial Detention Division. He ultimately is responsible for the actions and policies of CBIC. Mr. Maynard is sued in his individual and official capacities. 47. Mary Ann Saar was, from February 26, 2003 to January 17, 2007, Secretary of the Department of Public Safety and Correctional Services. While Secretary, she acted under color of state
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law and exercised authority over the policies and practices of the Pretrial Detention Division. While Secretary, she ultimately was responsible for the actions and policies of CBIC. Ms. Saar is sued in her individual capacity.
48. Defendant William J. Smith is, and was at all times relevant hereto, Commissioner of Pretrial Detention. As such, Mr. Smith is responsible for the duties, discipline, and conduct of officers and other employees of units in the division, such as CBIC. Mr. Smith also is responsible for establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinate employees at CBIC. As Commissioner, he acts and has acted under color of state law. Mr. Smith is sued in his individual and official capacities.
49. Defendant Mitchell Franks is, and has been since July 6, 2005, the Warden of CBIC. As Warden, he acts and has acted under color of state law by screening, hiring, training, monitoring, and supervising subordinate employees at CBIC. Mr. Franks is sued in his individual and official capacities.
50. Defendant Susan Murphy was, from July 23, 2004, until her retirement on June 23, 2005, the Warden of CBIC. As Warden, Ms. Murphy acted under color of state law by screening, hiring, training, monitoring, and supervising subordinate employees at CBIC. Ms. Murphy is sued in her individual capacity.
51. Defendants John Does A-R were, at times relevant hereto, corrections officers employed by CBIC. Officer Does A and B conducted strip searches of Plaintiffs Howard and Braxton. Officer Does C, D, and L conducted the strip searches of Plaintiff Donald Wilson. Officer Does E and F conducted strip searches of Plaintiffs Stoner and Lowery. Officer Does G and H conducted the strip search of Plaintiff Johnson. Officer Does I, J, and M conducted the strip searches of Plaintiff Crockett. Officer Does K and N conducted the strip search of Plaintiff Raffic. Officer Doe O conducted the strip search of
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Plaintiff Wright. Officer Doe P conducted the strip search of Plaintiff Horsey. Officer Does Q and R conducted the strip search of Plaintiff Chapman. As corrections officers, Officer Does A-R acted within the scope of their duties and under color of state law. These defendants are sued in their individual and official capacities.
52. Defendant Martin O'Malley was, from December 7, 1999 to January 17, 2007, the Mayor of the City of Baltimore. As Mayor, he acted under color of state law by appointing the Commissioner of the Police Department, overseeing the operation of the Police Department, and introducing "The Mayor's Plan to Drastically Reduce Crime in Baltimore" and other policies that encourage the unconstitutional police practices, and failing to act to ensure the unconstitutional practices ceased. Mr. O'Malley is sued in his individual capacity.
53. Defendant Sheila Dixon is, and has been since January 18, 2007, the Mayor of the City of Baltimore. As Mayor, she has acted under color of state law by overseeing the operation of the Police Department, and maintaining policies that encourage the unconstitutional police practices, and failing to act to ensure the unconstitutional practices ceased. Ms. Dixon is sued in her individual and official capacities.
54. Defendant Leonard Hamm served as Commissioner of the Police Department from March 14, 2005 until July 19, 2007. Mr. Hamm also served as Interim Commissioner of the Police Department from November 10, 2004, until March 14, 2005. In each position, Mr. Hamm acted under color of state law by exercising final policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Hamm is sued in his individual capacity.
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55. Defendant Marcus L. Brown was, from January 21, 2006 to January 26, 2007, the Deputy Commissioner of the Police Department. In that position, Mr. Brown acted under color of state law by exercising policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Brown is sued in his individual capacity.
56. Defendant Frederick H. Bealefeld III is, and has been since November 19, 2007, the Commissioner of the Police Department. Mr. Bealefeld also served as Interim Commissioner of the Police Department from July 19, 2007 until November 19, 2007. In each position, Mr. Bealefeld has acted and continues to act under color of state law by exercising policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Bealefeld is sued in his individual and official capacities.
57. Defendant Kevin Clark was, from January 23, 2003, until November 10, 2004, the Commissioner of the Police Department. As Commissioner, Mr. Clark acted under color of state law by exercising final policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Clark is sued in his individual capacity.
58. Defendant Edward T. Norris was, from May 2002 until January 23, 2003, the Commissioner of the Police Department. As Commissioner, Mr. Norris acted under color of state law by exercising final policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Norris is sued in his individual capacity.
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59. Defendant Jemini Jones is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Jones is sued in his individual and official capacities. Jemini Jones participated in the arrests of Plaintiff Tyrone Braxton and Timothy Howard on April 15, 2005.
60. Defendant David A. Crites, Jr., is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Crites is sued in his individual and official capacities. Mr. Crites participated in the arrest of Plaintiff Donald Wilson on April 10, 2006.
61. Defendant Sgt. Erik Pecha is, and was at times relevant hereto, a Police Department police officer wearing Badge No. F327. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Pecha is sued in his individual and official capacities. Mr. Pecha participated in the arrest of Plaintiff Donald Wilson on April 10, 2006.
62. Defendant Benjamin Newkirk is, and was at times relevant hereto, a Police Department police officer wearing Badge No. F110. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Newkirk is sued in his individual and official capacities. Mr. Newkirk participated in the arrests of Plaintiffs Robert Lowery and Aaron Stoner on May 8, 2005.
63. Defendant Arnold Jones is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Jones is sued in both his individual and official capacities. Arnold Jones participated in the arrests of Plaintiffs Robert Lowery and Aaron Stoner on May 8, 2005.
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64. Defendant Heron is, and was at times relevant hereto, a Police Department police officer wearing Badge No. H307. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Heron is sued in his individual and official capacities. Mr. Heron participated in the arrest of Timothy Johnson on June 25, 2006.
65. Defendant J. Grey is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Grey is sued in both his individual and official capacities. Mr. Grey participated in the arrest of Plaintiff Tavis Crockett on July 23, 2006.
66. Defendant Joseph Chin is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Chin is sued in both his individual and official capacities. Mr. Chin participated in the arrests of Plaintiffs Raffic Scott and Kerrell Wright on October 31, 2006.
67. Defendant Michael Pinkosz is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Pinkosz is sued in both his individual and official capacities. Mr. Pinkosz participated in the arrest of Plaintiff Carol Higgs on March 2, 2004.
68. Defendant Southard is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Southard is sued in both his individual and official capacities. Mr. Southard participated in the arrests of Plaintiffs Raffic Scott and Kerrell Wright on August 30, 2006.
69. Defendant Lolando L. Hamilton is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under
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color of state law. Mr. Hamilton is sued in both his individual and official capacities. Mr. Hamilton participated in the arrest of Plaintiff Erin Marcus on October 13, 2007.
70. Defendant Ronald S. Mealey is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Mealey is sued in both his individual and official capacities. Mr. Mealey participated in the arrests of Plaintiffs Armondo Horsey and Jonathan Lindsay on July 22, 2007.
71. Defendants John Does 1-100 are, and were at times relevant hereto, Baltimore Police Department officers who participated in the illegal arrests of one or more Plaintiffs. As police officers, Officer Does 1-100 act and have acted within the scope of their employment and under color of state law. These defendants are sued in their individual and official capacities.
72. By virtue of their employment by Maryland state or local agencies, all of the individual Defendants were acting under color of state law during all relevant times.
V. ALLEGATIONS OF FACT A. The Experiences of the Individual Plaintiffs
1. The Illegal Arrests and Searches of Plaintiffs Howard and Braxton 73. At approximately 8:30 p.m. on Friday, April 15, 2005, Plaintiff Evan Howard was standing on the sidewalk that runs past his home on Poplar Grove Street in Baltimore, about a block away from his front door, engaging in conversation with Plaintiff Tyrone Braxton and another friend, Correy Alexander. 74. After a few minutes, Defendant Officers Jemini Jones and Doe 1 pulled up behind Braxton's car in an unmarked police cruiser. The plainclothes officers approached the three friends and asked if they had any information about a recent homicide.
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75. The officers then asked Howard, Braxton, and Alexander their ages. After revealing that he was a minor, Alexander was ordered to go home, which he did.
76. Then, without explanation, probable cause, or any legal justification, the officers conducted pat-down searches of Howard and Braxton and placed them under arrest. The arrests were purportedly for loitering and impeding the flow of pedestrian traffic, even though neither Howard nor Braxton had been loitering and the officers had not ordered them to disperse.
77. Officer Jemini Jones tightly bound the young men's hands with plastic handcuffs and placed Howard and Braxton in a vehicle for transport to CBIC.
78. Howard and Braxton arrived at CBIC at about 10:00 p.m., where they waited for approximately an hour to begin the booking process. Upon entering CBIC, they were screened with a metal detector, which showed that neither carried any weapons.
79. At approximately 11:00 p.m., Howard and Braxton were subjected to humiliating public strip searches by Defendant Officers Doe A and Doe B. Howard, Braxton, and two other detainees were placed in a holding cell, ordered to remove all of their clothing down to their underpants, face the wall, pull their underpants down to expose their buttocks, and submit to a visual body cavity search.
80. The searches were conducted without probable cause or individualized suspicion that either Howard or Braxton was carrying weapons, drugs, or contraband.
81. Indeed, no contraband was found in the possession of either Howard or Braxton during the search.
82. After the strip search, Howard and Braxton were taken to a small, filthy, and overcrowded cell, where they stayed with about ten other detainees through the night. The cell had no bathroom and
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was so overcrowded that both Howard and Braxton were forced to sit in uncomfortable positions on filthy floors for long periods of time.
83. At approximately 8:00 a.m. on Saturday, April 16, Howard and Braxton were taken to a slightly larger cell containing about 15 other detainees. This cell was also filthy and unsanitary. Throughout the day, the number of people in the cell fluctuated, frequently swelling to nearly 20. Once again, both Howard and Braxton were forced to sit in uncomfortable positions on filthy floors for long periods of time.
84. During their confinement, Howard and Braxton were provided "meals" in their cells three times each day. The meals principally consisted of two slices of bread covering shiny and slimy meat, which Howard and Braxton believed to be spoiled bologna.
85. Braxton was finally released on Sunday, April 17, at 10:00 a.m., after being held at CBIC for 36 hours.
86. Howard was finally released on Monday, April 18, at 4:00 a.m., after being held at CBIC for 54 hours. Howard, far from home and unable to contact anyone to pick him up from CBIC, was forced to walk back to his home in the dark at a dangerous hour of night through unfamiliar streets.
87. Neither Howard nor Braxton was ever prosecuted for any crime or ever brought before a court commissioner.
2. The Illegal Arrests and Searches of Plaintiff Wilson 88. On April 10, 2006, Plaintiff Donald Wilson was sitting on the front steps of a residence in which his girlfriend and toddler son live. He was visiting them and waiting for his younger brother, Darrell.
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89. While Mr. Wilson was sitting on the steps with two friends, an unmarked police Subaru raced down the street in pursuit of a dirt bike. A crowd of approximately 15 neighbors gathered along the block to watch the chase.
90. Failing to catch the bicyclist, the maroon police Subaru pulled up to the residence and Officer Crites and Sergeant Pecha exited the vehicle. Officer Crites yelled, "Everybody sit the f**k down!" Everyone in the area obeyed. Wilson, at the time, was already sitting down.
91. The officers began questioning the group of people, asking them where they lived and what they were doing there. Most were patted down and asked to show identification. Wilson provided his identification when requested.
92. Crites questioned Wilson and asked whether Wilson lived there. When Wilson firmly responded in the affirmative, Crites took offense and, in a low tone of voice, threatened to "f**k [him] up."
93. When Wilson responded to this threat, by observing that Crites had whispered his threat rather than stating it aloud in front of witnesses, Crites immediately ordered Wilson to stand up. Wilson asked why, and Crites responded, "Don't f**king say nothing to me," and ordered Wilson to stand up and put his hands behind his back.
94. Wilson complied and asked why he was being arrested. Crites responded, "Don't worry about it. You're going to jail."
95. Wilson asked Crites for his name and badge number. Crites replied, "911." 96. Crites placed metal handcuffs on Wilson and ordered him to sit on the ground. At that time, two marked police cruisers arrived at the scene, and two additional officers exited those vehicles. 97. Wilson asked his girlfriend to call his mother, and then he remained calm and quiet.
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98. The police began to tell people to leave. After about 15 minutes, Wilson's mother arrived. She politely asked who the officer in charge was. Sgt. Pecha responded that he was in charge. Wilson's mother asked what her son was being detained for. Pecha asked for Wilson's age, and when his mother said, "21," Pecha stated that he did not have to give her any information because Wilson was not a minor. Upon further questioning, Pecha continued to refuse to explain why Wilson was arrested.
99. Wilson's mother therefore went to talk with her son, who explained what had happened. After about two minutes, Pecha came over and told her that she had to leave or she would be arrested. When she asked for Pecha's name and badge number, Pecha ignored her.
100. Crites and Pecha did not have nametags on and their badges were tucked inside their shirts to hide identifying information.
101. Crites put Wilson in the police car and transported him to CBIC at approximately 9:15 p.m.
102. At CBIC, Wilson was taken to a waiting room, where he was ordered to strip down to his boxers and searched by Officer Does C-D. A Latino man next to him in the same room was completely naked.
103. The search was conducted without probable cause or individualized suspicion that Wilson was carrying weapons, drugs, or contraband. Indeed, no contraband was found in his possession.
104. Wilson was finally released from CBIC at around 2:00 a.m. the next day. He was not allowed to use a phone at CBIC, so he walked to the nearest pay phone to call his mother.
105. Wilson was never prosecuted for any crime or brought before a court commissioner.
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106. On April 5, 2007 in the late afternoon, Donald Wilson visited a friend on Abbottston Road. After some time at the friend's house, Wilson and his friend left to return to Wilson's house. The friend's mother called her son back in just as the two men were leaving the house. Wilson stood outside waiting for his friend to rejoin him.
107. As Wilson was waiting for this friend and was tying his shoe with his foot on the stoop of the neighboring property, two uniformed officers and a plain-clothes officer approached him. The officers demanded to know why he was standing where he was. Wilson explained that he was waiting for his friend.
108. Unsatisfied, the officers interrogated Wilson as to whether he had drugs on him, where his friends were, and other subjects. The officers searched Wilson, patting him down and searching his pockets. No weapons, drugs or contraband were found by this search. Wilson told the officers that he was not carrying drugs, and indicated that he was offended that they seemed to assume that he was a drug dealer. A uniformed officer took Wilson's identification.
109. Several minutes after the police arrived, Wilson's friend came out of his house and asked the officers what was going on. The officers told him to go back into his house, which he did. Wilson's friend watched the arrest from his window.
110. After Wilson was searched, the plain-clothes officer handcuffed Wilson, telling him that he was being arrested for "getting smart."
111. In fact, Wilson was charged with trespass on posted property, but at all times relevant hereto, the property was not posted with any no-trespassing signs.
112. Wilson asked the arresting officer for his name, but the officer ignored the request.
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113. Wilson was transported to the Eastern District police station in a paddy wagon, where he was interrogated by a police detective concerning gangs and shootings. Wilson had no information related to the detective's questions and told him so.
114. Wilson was then taken to Central Booking, arriving at approximately 6:00 p.m. 115. He asked the intake officer for the arresting officer's name but the request was refused. 116. Wilson was then subjected to a humiliating strip search by Officer Doe L. In front of another prisoner, who had been forced to undress completely, Wilson was forced to pull his pants down to his ankles and to allow the officer to look inside his underwear waistband. He was also made to lift his shirt for the officer. 117. Officer Doe L told Wilson that his arrest was part of the BPD's "low tolerance" policy. 118. The searches were conducted without probable cause or individualized suspicion that Wilson was carrying weapons, drugs, or contraband. No contraband was found in this search. 119. Wilson was then confined at CIBC. He shuttled between four different cells, which were so crowded that Wilson was often forced to sit or lie on the concrete floor. 120. Wilson was released at approximately 3:30 a.m. on April 6, 2007, after being detained for approximately nine and one half hours. 121. Wilson was never prosecuted for any crime or brought before a court commissioner. 3. The Illegal Arrests and Searches of Plaintiffs Stoner and Lowery 122. On May 7, 2005, Plaintiff Aaron Stoner, Plaintiff Robert Lowery, Walter Medina, Jr., and four other friends and co-workers visited the city of Baltimore to celebrate Stoner's upcoming wedding. After visiting the Inner Harbor, the group of friends left on foot in the early morning hours of May 8 to return to their hotel.
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123. While walking back to their hotel, a marked police car containing Defendant Officers Newkirk and Arnold Jones drove past. Newkirk instructed the group to "keep moving," even though the group had not actually paused during the journey. They obeyed and continued to walk back to their hotel.
124. About two minutes later, the same patrol car drove past the group. Medina was the first to see the approaching car, and remarked to Stoner, "Here comes that cop again."
125. Officer Newkirk pulled the car to the side, stopped the car, and exited. Newkirk confronted Medina, the only African-American in the group, demanding, "What did you say, boy?" Before Medina could answer, Newkirk pushed him against a wall.
126. After Newkirk pushed Medina against the wall and began to aggressively question him, Stoner verbally protested. Newkirk then turned toward Stoner and ran at him with his baton fortifying his raised forearm. Defendant Newkirk hit Stoner with such force as to knock Stoner off of his feet.
127. Newkirk then instructed Stoner and the other five men to "keep walking." Stoner obeyed by getting up and walking to the rest of the group.
128. Newkirk then issued a warning citation for loitering to Medina. 129. Lowery, upset at the police harassment and brutality he had witnessed, then left the group, approached Officers Newkirk and Arnold Jones, and asked for Newkirk's name and badge number. 130. Newkirk refused to answer Lowery's question, but Defendant Arnold Jones responded by placing Lowery under arrest, purportedly for "failure to obey" an order to cease loitering. This arrest was made without probable cause or legal justification.
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131. Officers Newkirk and Arnold Jones then drove Lowery down the block to where Stoner, having obeyed Newkirk's earlier order to "keep walking," was walking with his party. The officers then arrested Stoner as well.
132. Stoner's arrest was also purportedly for "failure to obey" an order to cease loitering. This arrest was made without probable cause or legal justification.
133. Stoner and Lowery were both subjected to pat-down searches, which revealed they were carrying no contraband or weapons.
134. Medina, who had been issued a warning citation for loitering, and the other four members of the original group were permitted to continue walking back to the hotel.
135. Stoner and Lowery were transported to CBIC, where they were processed and subjected to another pat-down search that revealed them to be free of contraband and weapons.
136. Despite the negative results of the searches, Defendant Corrections Officers Doe E and Doe F subjected Stoner and Lowery to humiliating public strip searches at CBIC.
137. Stoner and Lowery, along with two other detainees, were ordered to strip to their underpants while the officers conducted the search.
138. The searches were conducted without probable cause or individualized suspicion that either Stoner or Lowery was carrying weapons, drugs, or contraband.
139. Indeed, no contraband was found in the possession of either Stoner or Lowery during the search.
140. Both Stoner and Lowery were held in small, filthy, and overcrowded cells that were packed with other detainees. Both Stoner and Lowery were forced to sit or crouch in uncomfortable positions on filthy floors for long periods of time because of the overcrowded conditions.
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141. Stoner and Lowery were released from CBIC at approximately 8:00 p.m. on May 8, after being detained for 17 hours.
142. Neither Stoner nor Lowery was ever prosecuted for any crime or brought before a court commissioner.
4. The Illegal Arrest and Search of Timothy Johnson 143. In the early morning hours of June 25, 2006, Timothy Johnson and three acquaintances were walking down the street towards their hotel, the Baltimore Waterfront Marriott. 144. Johnson and his three colleagues were in Baltimore to attend the Annual Scientific Meeting of the Research Society on Alcoholism. 145. While walking down the street, Johnson and his acquaintances encountered a woman whom they did not know, who was walking in the same direction. Because they were traveling in the same direction, the five pedestrians would have appeared to be a single group. 146. Concerned that the woman should not be walking alone late at night in the area, and assuming that she was a fellow attendee at the conference, one of Johnson's colleagues told the woman that they were walking back to the hotel and asked if she wanted to walk with them. 147. A marked police cruiser then drove up and stopped near the group, and one officer asked if everything was okay. Some members of the group responded, "Yes." 148. The officer then asked, referring to the woman who had just joined the group, "Is she with you?" One of Johnson's acquaintances informed the officer that the woman had just joined them. 149. The officer then began questioning the woman, who responded to his questions while continuing to walk. The officer exited his vehicle, ordered the woman to stop, and then directed Johnson and his friends to keep walking.
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150. The group continued walking, although they were concerned for the well-being of the woman, who kept saying that she just wanted to go back to the hotel.
151. At the end of the block, Johnson turned around to see the officer handcuffing the woman. 152. While Johnson was waiting to cross the street, the officer yelled for Johnson to come back, and Johnson complied. 153. Johnson had not said a word to the officer, nor had he said anything loudly about the officer or about the situation. He assumed that he would be questioned about the woman or would be a witness to the arrest. 154. At that time, another uniformed officer and two plainclothes officers arrived on the scene. They ordered Johnson to stop, subjected him to a pat-down search, and asked him to sit down on the curb. 155. No contraband was found during the pat-down search. 156. The first officer then told the other officers that "these people were hindering" and that they hadn't moved fast enough. The officers also joked that they were going to deliver the woman "back to her boyfriend in chains." 157. Johnson was then placed under arrest, subjected to a second pat-down search, and placed in a vehicle bound for Central Booking. Once again, no contraband was found. 158. Johnson was then transported to CBIC, where he was booked and fingerprinted. 159. Despite the negative results of the previous pat-down searches, Mr. Johnson was subjected to a humiliating strip search by Officer Does G and H, during which he was required to remove all of his clothing except a T-shirt.
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160. The search was conducted without probable cause or individualized suspicion that Johnson was carrying weapons, drugs, or contraband.
161. Indeed, no contraband was found in Johnson's possession during the search. 162. After the illegal strip search, Johnson was held with two other men in a small, filthy cell designed for only one detainee. He was released at 8:30 a.m., after being in custody for approximately six hours. 163. Johnson's release came a mere thirty minutes before he was scheduled to give a presentation at the Annual Scientific Meeting of the Research Society on Alcoholism, the reason for his trip to Baltimore. 164. Johnson was never prosecuted for any crime or brought before a court commissioner. 5. The Illegal Arrests and Searches of Tavis Crockett 165. At approximately 5:45 p.m. on July 23, 2006, Tavis Crockett and approximately six other young men from his neighborhood were sitting on the front steps of a friend's building, getting ready to watch a neighborhood game of basketball. 166. As the group began to get up and move toward the basketball courts, a number of police cruisers pulled up and Officer Grey exited his cruiser. 167. Officer Grey asked the group where Brandon was. Upon information and belief, Brandon is a young man in the neighborhood that the police believe to be a drug dealer. 168. Brandon was not present, although the young men had seen him walk by earlier in the day. 169. Upon learning that Brandon was not present, Officer Grey told all seven young men that they were being arrested for loitering.
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170. Officer Grey and approximately ten other police officers then took all seven young men into custody. All seven boys were subjected to pat-down searches, which revealed no weapons, drugs, or contraband.
171. The arrests were not preceded by a warning that the young men were loitering, or by a directive to move along.
172. When the young men arrived at the police station, three of them were let go because they were juveniles. Crockett and the other three non-minors were transported to CBIC.
173. At CBIC, Defendant Corrections Officers Doe I and Doe J subjected Crockett to a humiliating public strip search.
174. Crockett, along with another detainee, was ordered to strip to his underpants while the officers conducted the search.
175. The search was conducted without probable cause or individualized suspicion that Crockett was carrying weapons, drugs, or contraband.
176. Indeed, no contraband was found in the possession of Crockett during the search. 177. Crockett was held in small, filthy, and overcrowded cells that were packed with other detainees. 178. Crockett was released from CBIC at approximately 8:00 a.m. on July 24, after being detained for 14 hours. 179. Crockett was never prosecuted for any crime or brought before a court commissioner. 180. On August 22, 2006, at about 8:50 p.m., Crockett was walking from his Aunt's house to a nearby convenience store near Carey Street and Riggs Avenue in Baltimore, a distance of approximately one block.
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181. As Crockett walked to the convenience store he was stopped by four plain-clothes police officers.
182. One of the officers told Crockett, "Come on, you're going downtown with us." Crockett asked the officer why he was being arrested. The officer told Crockett that he had littered.
183. Crockett told the officer that he was not aware that he had dropped anything, and offered to pick up a food wrapper the officer claimed Crockett had dropped. The officer did not let Crockett pick up the wrapper.
184. Crockett was searched on the sidewalk, and then taken to the Western District station, where he was held in a cell with two other detainees. He remained in this cell for four hours. The police denied Crockett's request to call his mother.
185. At approximately midnight, Crockett was transported to CBIC, handcuffed, in a paddy wagon.
186. Inside CBIC, Crockett was subjected to a humiliating strip search. A female officer, Doe M, made Crockett strip to his boxers in front of two other officers and another detainee.
187. This strip search was conducted without probable cause or individualized suspicion that Crockett was carrying weapons, drugs, or contraband.
188. No contraband was found in the possession of Crockett during the search. 189. Crockett was then confined to a cell with ten other detainees where he remained for four hours. After being fingerprinted and photographed, he was confined again in another cell. 190. At approximately 8:15 a.m. on August 23, 2006, Crockett was finally released, after being held for approximately eleven and one half hours. He did not arrive home until 9:00 a.m., after a 45-minute public bus trip from CBIC.
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191. Crockett was never prosecuted for any crime or brought before a court commissioner. 6. The Illegal Arrests and Searches of Raffic Scott and Kerrell Wright 192. At approximately 10:00 p.m. on August 30, 2006 Raffic Scott, Kerrell Wright and approximately five fellow members of their church, the Israelite Church of God and Jesus Christ, were handing out religious literature on a sidewalk on Belair Road and Erdman Avenue in Baltimore. The church members periodically engage in sidewalk proselytizing to spread their religious message. When doing so, they generally wear distinctive robes that signify their church membership. 193. Officers Chin and Southard approached the group in a squad car and demanded to know what they were doing. Scott responded that he and his group were handing out religious literature. 194. When the police approached, Wright began videotaping the encounter, as is the Church’s practice due to frequent police harassment. 195. After demanding that Wright cease video recording, and claiming that it was illegal to videotape police officers without permission from the officer or from police headquarters, Officer Chin demanded that Wright produce identification. In order to do so, Wright passed the video camera to Scott. 196. An officer then told Mr. Scott that he had to cease filming. When Scott refused, Officer Chin told Scott to put his hands on this head and pushed Scott against a wall. 197. Officer Chin forcibly removed Scott's religious clothing, throwing his headpiece, robe and belt to the ground. 198. Scott was searched on the scene. This search revealed no drugs, weapons, or contraband. 199. Wright was also arrested. He was thrown to the ground and had his religious clothing removed and also thrown to the ground.
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200. Wright was searched on the scene. This search revealed no drugs, weapons, or contraband.
201. As Scott and Wright were being arrested, approximately eight officers arrived on the scene in several squad cars, blocking the adjacent intersection.
202. During or before their arrests, neither Scott, Wright, nor any other member of their group was told by the police that any of them was loitering or was instructed to move on.
203. Scott was transported to the Northern District precinct. During his confinement there Scott was verbally abused by police officers on the subject of his religious beliefs.
204. Scott was then transported to the CBIC, where he was subjected to a humiliating and gratuitously invasive strip search by Defendant Corrections Officers Doe K and Doe N. In the presence of another detainee, who was also being strip searched at the same time, Scott was forced to strip to his underwear. He was made to squat in front of Officers Doe K and Doe N, while they looked inside of Scott's underwear.
205. After his arrest, Wright was also taken to CBIC. At CBIC, Wright was also subjected to a humiliating strip search. In the presence of two jail administrators, Officer Doe O forced Wright to remove his shirt and jeans.
206. The strip searches of Scott and of Wright were conducted without probable cause or individualized suspicion that either Scott or Wright was carrying weapons, drugs, or contraband. These searches revealed no drugs, weapons or contraband.
207. Scott was released at approximately 6:00 a.m. on August 31, 2006 after being held for eight hours. Wright was held for approximately 20 hours, until he was released on his own recognizance at approximately 6:00 p.m. the next day.
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208. Both Scott and Wright were charged with disorderly conduct and loitering. On September 29, 2006 the State’s Attorney nolle prossed all charges against Scott. On October 20, 2006, the State’s Attorney nolle prossed all charges against Wright.
7 The Illegal Arrest of Carol Higgs 209. At approximately 9:00 a.m. on March 2, 2004, primary election day in Maryland, Carol Higgs was posting election signs and handing out campaign leaflets. 210. Higgs posted her signs and stood near Chase House, a designated polling place for the primary. 211. She stood outside the area near Chase House, marked by signs posted by election officials, where no electioneering was permitted that day. An election judge had confirmed to Higgs that she was in compliance with election regulations regarding proximity to a polling place. 212. Officer Pinkosz arrived at Chase House in a squad car. He approached Ms. Higgs and asked her why she was picketing. She said that she was not picketing but rather handing out campaign literature for her candidate. 213. Officer Pinkosz left Higgs and went inside the polling place. He reemerged and told Ms. Higgs that her campaigning was illegal. 214. When Higgs pointed out that she stood outside the "no electioneering" signs and was thus in compliance with the law, Officer Pinkosz removed the sign from where it was planted, and without taking any measurements, moved it significantly farther than 100 feet away from the polling place. 215. Higgs then moved, to remain outside the boundary of another sign setting campaigning boundaries. She also asked Officer Pinkosz for his name and badge number. 216. At this point, Officer Pinkosz demanded her identification.
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217. Higgs asked Officer Pinkosz whether she was free to go. Officer Pinkosz said that she was free to go. As Higgs gathered her literature, Officer Pinkosz handcuffed her. He told her that she was being arrested for loitering.
218. Higgs was never prosecuted for any crime or brought before a court commissioner. 8. The Illegal Arrest and Search of Armondo Horsey, and the Illegal Arrest of Jonathan Lindsay 219. On July 22, 2007, after a late night out, Armondo Horsey, Jonathan Lindsay, and Horsey's brother had ordered a pizza at a pizza shop in the Canton section of Baltimore. 220. While eating, Horsey, Lindsay, and Horsey's brother noticed Baltimore Police Department officers detaining a man on a nearby corner. They observed five officers forcefully restraining a man in handcuffs who was lying on the ground. 221. Lindsay moved closer to the scene and pulled out his cell phone as if to film the arrest, because he believed the officers were using excessive force. Two officers at the scene observed him with his phone, and told him that he was not allowed to take photographs. 222. When Horsey observed Lindsay speaking with the officers, he was concerned that Lindsay was protesting the officers’ use of force, and told him not to get into an argument, but just to get the officers’ names and badge numbers. 223. A Baltimore Police Department officer who overheard Horsey’s comment singled him out from among the crowd of onlookers and told him that he was going to jail with the man being restrained. 224. Horsey was then forcefully handcuffed behind his back and pulled backward toward a police van.
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225. Horsey was searched at the scene of his arrest. The search revealed no drugs, contraband or weapons.
226. When Lindsay, standing nearby, then called out that Horsey “didn’t even do anything,” a Baltimore Police Department officer singled Lindsay out from among the crowd of onlookers and placed him in handcuffs. While in handcuffs an officer searched Lindsay’s pockets, pulled out his cell phone, and opened it up and scrolled through it to see whether there were any photographs or film of the scene captured on it.
227. Horsey, Lindsay, and the man who was being restrained on the ground were then placed in a police van and transported to CBIC. A police officer told Lindsay that he shouldn’t worry about being arrested because he would be released in a few hours.
228. At CBIC, Horsey and Lindsay were shuffled among numerous overcrowded jail cells with open toilets reeking of excrement.
229. At CBIC Officer Doe P strip searched Horsey. Horsey was made to remove his pants, and Officer Doe P had Horsey open his waistband and looked into Horsey's underwear. The strip search was conducted without probable cause or individualized suspicion that Horsey was carrying weapons, drugs, or contraband. The strip search revealed no drugs, weapons or contraband.
230. Horsey and Lindsay were both held at CBIC for about six hours. 231. Neither Horsey nor Lindsay was ever prosecuted for any crime or brought before a court commissioner. Horsey and Lindsay later learned that Officer Mealey had charged them with failure to obey.
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9. The Illegal Arrest of Erin Marcus 232. On October 12, 2007, Erin Marcus, along with seven other members of the Baltimore
Animal Rights Coalition (BARC), arrived at Salt Restaurant in Baltimore City to stage a peaceful protest regarding the restaurant’s use of foie gras.
233. The members arrived outside of the restaurant at approximately 7:30 p.m. They stood clear of the entrance, and did not obstruct the walkway in front of the restaurant.
234. Approximately fifteen to twenty minutes after their arrival two Baltimore Police Department officers arrived at the scene. The officers told the BARC members that if they did not cross the street they would be subject to arrest.
235. A BARC member then spoke with police officers and explained that he had contacted the Office of Licensing and Permits and was told that the group did not need a permit to protest. Another BARC member attempted to review the Baltimore City loitering ordinance with the officers, including a shift commander who arrived on the scene, in order to establish their legal right to be there. The officers were not persuaded and again told all BARC members to cross the street or face arrest.
236. All but three BARC members crossed the street and continued protesting on the other side of the street. Marcus and the other protesters who did not cross the street were arrested.
237. Marcus was asked for identification by two female officers. She showed the officers her driver's license. One of the female officers frisked Marcus and checked her bag. No weapons, contraband or drugs were found in this search.
238. Marcus was then put in plastic cuffs and placed in the police van with the two other BARC members who were arrested. Marcus was transported to CBIC, arriving about 45 minutes after her initial encounter with the police.
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239. Marcus was then taken to a filthy, crowded cell where some inmates were forced to sit on the floor.
240. Marcus was charged with failure to obey, and released on her own recognizance at about 8:00 a.m. on October 13, 2007 after being held at CBIC for about 13 hours.
241. The State’s Attorney nolle prossed all charges against Marcus on October 16, 2007. 10. The Illegal Search of Jeffrey Chapman 242. On or about October 13, 2005, at approximately 6:00 p.m., Jeffrey Chapman was walking on Marion Street in Baltimore eating a snack. 243. Baltimore Police Department Officer Willie N. Kennedy Jr. stopped his bicycle in front of Chapman. Kennedy arrested Chapman for littering, claiming that Chapman had dropped a packet of sweet and sour sauce on the sidewalk. 244. Officer Kennedy walked Chapman to a nearby police substation and placed Chapman in a makeshift cell, which appeared previously to have been a walk-in freezer. Chapman was told that he had been arrested for littering. 245. Approximately one hour later, Chapman was transferred to CBIC, arriving at approximately 8:00 p.m. 246. At CBIC, in the presence of eight to ten other detainees, Chapman was subjected to a humiliating and non-private strip search by Officer Does Q and R. Chapman was forced to remove all clothing except his underwear. 247. This strip search was conducted despite the lack of probable cause or individualized suspicion that Chapman posed a threat to the security of the facility. This search revealed no drugs, weapons or contraband.
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248. After this strip search, Chapman was confined to a small filthy cell with more than ten other detainees with an open toilet and a single bench.
249. Chapman was released at approximately 6:00 a.m. the next day. 250. Unable to sleep in the crowded cell with no where to lie except the cement floor, and fearing for his safety should he fall asleep, Chapman was unable to work the next day. 251. Chapman was never prosecuted for any crime or brought before a court commissioner. B. The Police Department's Illegal Practices 252. The experiences of these individual plaintiffs are not unique. They stem from a broader policy and practice by the Police Department of arresting persons without probable cause in order to satisfy performance goals and to show progress in fighting crime by means of high arrest numbers. 253. Under the direction and oversight of the Commissioner and Deputy Commissioner, the Police Department has used a "performance evaluation system" that demands that officers make a large number of arrests, regardless of the number or success of resulting prosecutions. Each patrol officer is required to tally his enforcement statistics, including citations and arrests. These numbers are then compared to averages from that officer's squad and shift. The three officers in each district with the lowest scores are subject to reassignment to other districts. 254. Police officers generally disfavor reassignment because it can greatly disrupt their personal and professional lives. 255. Upon information and belief, the Police Department has a policy by which no automatic disciplinary action is taken against a police officer if a plaintiff succeeds in a civil case challenging the conduct of the officer.
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256. Upon information and belief, the Police Department has no practice of reviewing arrests to see whether they result in successful prosecutions, nor of reviewing arrest reports in those cases that are not prosecuted to determine whether officers had sufficient probable cause for the arrest or charge.
257. These policies create perverse incentives for police officers by rewarding those officers who arrest innocent bystanders and punishing those who respect their obligations to the City and the public.
258. These perverse incentives are unavoidable because, under the "performance evaluation system," all arrests are counted—even those made with no basis for probable cause. Furthermore, the Police Department does not punish officers for excessive numbers of arrests without probable cause.
259. Thus, under this system, an officer will not be reassigned even if every single one of his arrests is made without probable cause, so long as his volume of arrests is not among the three lowest in his district. By contrast, a different officer whose volume of arrests is the third lowest in his district will be reassigned even if all of his arrestees were convicted.
260. The system therefore encourages all officers to make as many arrests as possible, regardless of their justification, to avoid transfer.
261. As confirmation, State's Attorney Patricia Jessamy stated at a public legislative hearing on January 4, 2006, that the Police Department routinely and increasingly arrests people without probable cause.
262. To exacerbate matters, the Police Department, its Commissioner, Mr. Hamm, its Deputy Commissioner, the Mayor, Mr. O'Malley, and the City—though they all are or were, at times relevant to this lawsuit, aware of the Police Department's pattern and practice of illegal arrests—have failed to take adequate steps to abate the pattern and practice, despite their authority to do so. They have failed to
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train and supervise police officers adequately. They have not properly encouraged arrests based on probable cause. They have affirmatively encouraged overly aggressive and unlawful police tactics, by directing supervisors to ensure that officers keep arrest numbers up, in the belief that a high number of arrests will keep the crime rate down, regardless of the quality of those arrests. In short, they have made the unconstitutional and illegal conduct worse. C. Grading the Police Department
263. Due to the policies and practices described above, the Baltimore Police Department has severe police accountability problems.
264. Baltimore City State's Attorney's Office Annual Statistical Reports indicate that, in 2005, the Police Department arrested 76,497 individuals without warrants. Prosecutors declined to charge 25,293 of the arrestees. Thus, during 2005, three out of every ten people arrested without warrants in Baltimore City were not prosecuted, based solely on a review of the charging documents by the State's Attorney, prior to any involvement by a defense attorney or any decision by a court commissioner or judge. The State's Attorney has publicly stated that prosecutors declined to charge about 30% of the arrestees in 2005 because, in the State's view, the case was "legally insufficient."
265. In 2005, prosecutors indicated that they could not prove charges against 7,510 people arrested for loitering, impeding, or obstructing pedestrian traffic during that year. Those arrests account for nearly 10% of all warrantless arrests in Baltimore for that year.
266. During 2005, prosecutors indicated that they could not prove charges against 1,832 persons arrested for trespassing and 1,650 persons arrested for disorderly conduct, failure to obey, or disturbing the peace. Together, these arrests account for nearly another 5% of all warrantless arrests in Baltimore for that year.
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267. Thus, prosecutors indicated that they could not prove charges against those persons arrested for often vague "quality of life" offenses in 2005, which amounted to nearly 15 percent of the persons arrested without a warrant during that year. D. The Effects of the Police Department's Arrest Policy on CBIC
268. The Police Department's pattern and practice of encouraging large numbers of illegal arrests causes a backlog at CBIC that leads CBIC to perform unconstitutional strip searches and to subject arrestees to overcrowded conditions and extended detentions.
269. CBIC was designed to handle about 60,000 bookings each year and to accommodate 895 arrestees at any one time. Because of the Police Department's arrest policies, it now handles more than 100,000 bookings each year and regularly holds more than 1,200 arrestees at any one time. Defendant Smith has characterized the problems at CBIC as a "systems overload." The overcrowding at CBIC has led to two distinct problems.
270. First, CBIC regularly subjects all male arrestees to public strip searches, without individualized suspicion and regardless of the arrestees' charges. Often, these strip searches are humiliating, non-private body cavity searches. Most of these searches are not reasonably related to any legitimate security interest or to any reasonable suspicion of concealed contraband.
271. Second, the backlog causes CBIC to delay, in some cases, presentment of arrestees beyond the twenty-four hour maximum established in Maryland Rule 4-212(f). In some cases, detainees have been held at CBIC for more than forty-eight hours before presentment. CBIC makes no adequate effort to structure its systems so that it can timely process all detainees even though CBIC officials are aware of its deficiencies. Indeed, a consultant's report to the State in October 2005 stated that "no one [is] in charge" of ensuring the prompt processing of detainees at CBIC.
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272. The Warden, Commissioner of Pretrial Services, Secretary, and State condone, affirmatively encourage, or knowingly fail to address these two policies and practices at CBIC, despite their responsibility to address them through proper training, supervising, monitoring, and disciplining of staff or through the formulating, implementing, and executing of appropriate policies. E. The Effects of the Police Department's Arrest Policy on the Arrestees
273. These illegal arrests, searches, and detentions traumatize arrestees. 274. Individuals who are illegally arrested suffer humiliation and degradation when they are being dragged away in handcuffs in front of their friends, family, or neighbors. The stigma of being illegally arrested can follow an arrestee for years, in part because those who know an arrestee are unlikely to forget the sight of the arrestee being hauled away in handcuffs in the back of a police car. 275. At CBIC, innocent arrestees are subjected to dehumanizing and humiliating public strip searches that involve stripping down to underwear, pulling down the underwear, and—often— submitting to a visual body cavity search. The searches are performed in public view and alongside other detainees. The victims of such unwarranted invasions of privacy are humiliated, degraded, and stigmatized. 276. An individual who is arrested is often physically harmed or threatened while detained at CBIC. And the threat does not come just from other arrestees. In May 2005, a detainee was beaten to death by guards at the CBIC. In the wake of that incident, eight CBIC guards were fired and the FBI has opened an investigation. The detainee's death was classified as a homicide. 277. While detained at CBIC, an arrestee is held in filthy and overcrowded conditions with numerous other arrestees. Cells are often so crowded that arrestees are forced to sleep on the floor. In
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some cases, the cells are so crowded that inmates must sit or crouch in uncomfortable positions on unsanitary floors for hours at a time. The "meals" are inedible.
278. An individual who is illegally arrested also suffers the loss of his liberty for hours or days. Such detention can result in a detainee losing his job when he fails to appear at work and may also harm relations with family if an individual is unable to meet family obligations while illegally detained.
279. The presence of an arrest record, even if the arrestee is "released without charge," can follow an individual for years, making it difficult to obtain jobs, housing, or any other opportunity that may require a criminal background check.
280. For confirmed criminals, the prospect of spending hours or days in Central Booking, while unpleasant, is a cost of doing business, and does nothing to deter them from their unlawful behavior or to make Baltimore safer. For innocent victims of these arrest practices, however, being unlawfully arrested can be a life-changing event. F. The City's and the Police Department's Response
281. Despite these stories and statistics, the City and Police Department make no apologies. 282. In response to repeated and persistent complaints by public officials, Baltimore community leaders, and community groups with regard to this ongoing pattern of unlawful arrests, the City and the Police Department have consistently refused to acknowledge that a problem exists. 283. Moreover, former Mayor and Defendant O'Malley consistently refused to acknowledge that such a problem exists. 284. At a community forum designed to address police practices on January 4, 2006, thenMayor and Defendant O'Malley proposed eliminating oversight by the State's Attorney's Office of individuals arrested by the Police Department.
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285. Eliminating the oversight by the State's Attorney's Office would obviously fail to have any effect on the number of illegal arrests. Such a proposal would succeed at one thing, however, it would hide from the public the thousands of illegal arrests made by the Police Department without probable cause.
VI. CAUSES OF ACTION A. Count I: Facial and As Applied Challenge to the Loitering Ordinance under the
First, Fourth, and Fourteenth Amendments to the U.S. Constitution and Articles 19, 26, and 40 of the Maryland Declaration of Rights 286. This Count incorporates all of the other allegations in this Complaint. 287. This Count is brought by the individual Plaintiffs Howard, Braxton, Lowery, Stoner, Scott, Wright, Higgs, Marcus, Horsey, Lindsay, and Crockett and the NAACP against the City, the Police Department and defendants O’Malley, Dixon, Hamm, Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Hamilton, Mealey, and Does 1-100. 288. This is an "as applied" challenge to the enforcement of the Loitering Ordinance, Baltimore, Md., Police Ordinances art. 19, § 25-1 (2005). In the alternative, it is a facial challenge to the Loitering Ordinance itself. 289. The Police Department has interpreted the Loitering Ordinance incorrectly to allow arrests of persons engaged in no wrongdoing merely for standing on the public sidewalks. By arresting persons merely for standing, the Police Department has effectuated a policy of arrests without probable cause that a violation of the Loitering Ordinance has occurred in violation of the Fourth Amendment to the U.S. Constitution and Article 26 of the Maryland Declaration of Rights.
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290. In the alternative, if the Police Department correctly interprets the Loitering Ordinance to permit an arrest when an innocent bystander merely is standing on a public sidewalk, the Loitering Ordinance is unconstitutional on its face as a violation of the First and Fourteenth Amendments to the U.S. Constitution, and Articles 19 and 40 of the Maryland Declaration of Rights. B. Count II: Fourth and Fourteenth Amendment Violations for Unconstitutional
Arrests under Section 1983 291. This Count incorporates all of the other allegations in this Complaint. 292. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Lowery, Stoner, Johnson, Crockett, Scott, Wright, Higgs, Marcus, Horsey and Lindsay, and the NAACP against the City, the Police Department and defendants O’Malley, Dixon, Hamm, Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Hamilton, Mealey, and Does 1-100.. 293. Defendants the City, the Police Department, O'Malley, Dixon, Hamm, Bealefeld, Brown, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 are "persons" within the meaning of 42 U.S.C. § 1983. 294. The Defendants violated or caused the violation of the constitutional rights of the individual Plaintiffs. 295. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 directly violated the constitutional rights of the individual Plaintiffs by arresting them without probable cause and under an illegal pattern and practice.
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296. The City, O'Malley, Mayor Dixon, the Police Department, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris caused these and other similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice.
297. The City, Mayor Dixon, the Police Department, and Commissioner Bealefeld will continue to cause similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice in the future.
298. It is clearly established now and was clearly established at the time of their actions that the conduct, patterns, and practices of the Defendants violated and continue to violate the Fourth and Fourteenth Amendments to the U.S. Constitution.
299. As an actual and proximate result of Defendants' conduct, patterns, and practices, individual Plaintiffs suffered damages.
300. In addition, because the conduct, patterns, and practices are ongoing, it is likely that Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. C. Count III: Fourth and Fourteenth Amendment Violations for Unconstitutional Strip
Searches under Section 1983 301. This Count incorporates all of the other allegations in this Complaint. 302. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Lowery, Stoner, Johnson, Crockett, Scott, Horsey, Chapman and Wright, and the NAACP against Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-R in their individual capacities. In addition, Defendants Maynard, Smith, and Franks are sued in their official capacity for declaratory and prospective injunctive relief. These defendants are therefore "persons" within the meaning of 42 U.S.C. § 1983.
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303. The Defendants violated or caused the violation of the constitutional rights of the individual Plaintiffs.
304. Officer Does A-R directly violated the constitutional rights of the individual Plaintiffs by conducting indiscriminate, non-private, visual strip searches of them, without probable cause or individualized suspicion to believe they possessed weapons or contraband.
305. The policy of strip searching, without individualized suspicion, every person arrested for loitering or other "quality of life" offenses is not necessary to protect officer safety, to preserve evidence, or to ensure prison security.
306. Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to the individual Plaintiffs' legal rights, established, implemented, enforced, or failed to remedy an illegal and unconstitutional policy and practice at CBIC of conducting indiscriminate, non-private, visual strip searches of persons temporarily detained at the center, without probable cause or individualized suspicion to believe the detainees possessed weapons or contraband.
307. It is clearly established now and was clearly established at the time of their actions that the conduct, patterns, and practices of the Defendants violated and continue to violate the Fourth and Fourteenth Amendments to the U.S. Constitution.
308. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
309. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future.
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D. Count IV: Fourth and Fourteenth Amendment Violations for Unconstitutional Overdetentions under Section 1983 310. This Count incorporates all of the other allegations in this Complaint. 311. This Count is brought by Plaintiffs Howard and Braxton against Secretary Maynard,
Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy. In this Count, these Defendants are sued in their individual capacities only. They are therefore "persons" within the meaning of 42 U.S.C. § 1983.
312. The Defendants violated or caused the violation of the constitutional rights of Plaintiffs Howard and Braxton.
313. Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to Howard's and Braxton's legal rights, established, implemented, enforced, condoned, and failed to remedy the conduct, pattern, and practice at CBIC of holding detainees for more than twenty-four hours without charges, presentment, or release.
314. It was clearly established at the time of their actions that such conduct, patterns, and practices violated the Fourth and Fourteenth Amendments to the U.S. Constitution.
315. As an actual and proximate result of Defendants' conduct, pattern, and practice, Plaintiffs Howard and Braxton suffered damages. E. Court V: Common Law Claim for Violations of Article 26 of the Maryland
Declaration of Rights for Unconstitutional Arrests 316. This Count incorporates all of the other allegations in this Complaint. 317. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Crockett, Scott, Wright, Horsey, Lindsay, Marcus and Higgs, and the NAACP against the City, the Police Department and defendants Mayor Dixon, O’Malley, Hamm, Commissioner
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Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Does 1-100.
318. A common-law private cause of action exists to remedy Maryland constitutional violations through both injunctive relief and money damages.
319. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 directly violated the constitutional rights of the individual Plaintiffs by arresting them without probable cause and under an illegal pattern and practice.
320. The City, the Police Department, and defendants Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris caused these and other similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice.
321. The City, the Police Department, and defendants Mayor Dixon, the Police Department, and Commissioner Bealefeld will continue to cause similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice in the future.
322. The Defendants' conduct, patterns, and practices violate Article 26 of the Maryland Declaration of Rights.
323. Their conduct, patterns, and practices were made with malice, ill will, improper motive, and/or gross negligence.
324. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
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325. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer harm as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. F. Count VI: Common Law Claim for Violations of Article 26 of the Maryland
Declaration of Rights for Unconstitutional Strip Searches 326. This Count incorporates all of the other allegations in this Complaint. 327. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Crockett, Scott, Horsey, Chapman and Wright, and the NAACP against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-R. 328. Officer Does A-R directly violated the constitutional rights of the individual Plaintiffs by conducting indiscriminate, non-private, visual strip searches of them, without probable cause or individualized suspicion to believe they possessed weapons or contraband. 329. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to the legal rights of Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Crockett, Scott, Horsey, and Wright established, implemented, enforced, or failed to remedy an illegal and unconstitutional policy and practice at CBIC of conducting indiscriminate, non-private, visual strip searches of persons temporarily detained at the center, without probable cause or individualized suspicion to believe the detainees possessed weapons or contraband. 330. The conduct, patterns, and practices of strip searching without individualized suspicion every arrestee brought to CBIC is not necessary to protect officer safety, to preserve evidence, or to ensure prison security. 331. The Defendants' conduct, patterns, and practices were made with malice, ill will, improper motive, and gross negligence.
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332. Such conduct, patterns, and practices violate Article 26 of the Maryland Declaration of Rights.
333. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
334. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the Plaintiffs and NAACP members will suffer harm as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. G. Count VII: Common Law Claim for Violations of Article 24 of the Maryland
Declaration of Rights for Unconstitutional Overdetentions 335. This Count incorporates all of the other allegations in this Complaint. 336. This Count is brought by Plaintiffs Howard and Braxton against the State, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy. 337. A common-law private cause of action exists to remedy Maryland constitutional violations through both injunctive relief and money damages. 338. The Defendants violated or caused the violation of the constitutional rights of Plaintiffs Howard and Braxton. 339. The State, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to Howard's and Braxton's legal rights, established, implemented, enforced, or failed to remedy the illegal and unconstitutional conduct of holding detainees for more than 24 hours at CBIC without charges, presentment, or release. 340. The Defendants acted with malice, ill will, improper motive, and gross negligence. 341. Such conduct violated Rule 4-212(f) and Article 24 of the Maryland Declaration of Rights.
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342. As an actual and proximate result of Defendants' conduct, Plaintiffs Howard and Braxton suffered damages. H. Count VIII: Common Law Claim for False Imprisonment and False Arrest
343. This Count incorporates all of the other allegations in this Complaint. 344. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Higgs, Scott, Wright, Wilson, Horsey, Lindsay, Marcus and Crockett, and the NAACP against the State, the City, the Police Department and defendants Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100. 345. The City, Mayor Dixon, Martin O'Malley, the Police Department, former Commissioner Hamm, Commissioner Bealefeld, Marcus Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100 have deprived these individual Plaintiffs of liberty without consent or legal justification by causing them to be arrested without probable cause. 346. In addition, the State, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have deprived Plaintiffs Howard and Braxton of liberty without consent or legal justification by causing them to be detained at CBIC for longer than 24 hours without presentment, charges, or release. 347. The individual Defendants acted with actual malice, ill will, improper motive, and gross negligence. 348. As an actual and proximate result of Defendants' conduct, the individual Plaintiffs suffered damages.
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349. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future. I. Count IX: Assault and Battery for the Illegal Arrests
350. This Count incorporates all of the other allegations in this Complaint. 351. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Higgs, Scott, Wright, Johnson, Horsey, Lindsay, Marcus and Crockett, and the NAACP against the City, the Police Department, and defendants Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, Norris, and Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Joseph Chin, Michael Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100. 352. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100 unlawfully attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs by using physical force to illegally arrest them. 353. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Pinkosz, Southard, Hamilton, Mealey, and Officer Does 1-100 acted with actual malice, ill will, and improper motive towards the individual Plaintiffs. 354. The City, Mayor Dixon, O'Malley, the Police Department, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris are vicariously liable for the officers' tortious conduct. 355. In addition, by facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the City, Mayor Dixon, O'Malley, the Police Department, Hamm, Commissioner Bealefeld, Brown, and Clark have attempted to cause, and succeeded in causing, a
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harmful or offensive contact with the individual Plaintiffs and NAACP members, namely, the use of physical force to illegally arrest them.
356. Mayor Dixon's, O'Malley's, Hamm's, Commissioner Bealefeld's, Brown's, Clark's, and Norris's actions or omissions were made with malice, ill-will, improper motive, and gross negligence.
357. As an actual and proximate result of Defendants' conduct, the individual Plaintiffs suffered damages.
358. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future. J. Count X: Assault and Battery for Illegal Strip Searches
359. This Count incorporates all of the other allegations in this Complaint. 360. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Scott, Wright, Horsey, Chapman and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-R. 361. Officer Does A-R unlawfully attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs by using physical force to conduct suspicionless strip searches of them at CBIC. 362. Officer Does A-R acted with actual malice, ill will, and improper motive towards the individual Plaintiffs. 363. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the acts and omissions of their employees.
56

Case 1:06-cv-01863-CCB Document 133-2 Filed 12/18/2007 Page 58 of 63 Case 1:06-cv-01863-CCB Document 144 Filed 02/27/08 Page 58 of 63
364. In addition, by facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs, namely, the use of physical force to conduct suspicionless strip searches of them at CBIC.
365. Maynard's, Saar's, Smith's, Franks's, and Murphy's actions or omissions were made with malice, ill will, improper motive, and gross negligence.
366. As an actual and proximate result of Defendants' conduct, patterns, and practices, individual Plaintiffs suffered damages. K. Count XI: Negligence for Illegal Strip Searches
367. This Count incorporates all of the other allegations in this Complaint. 368. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Wright, Scott, Wright, Horsey, Chapman and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-R. 369. Officer Does A and B owed a duty of care to Plaintiffs Howard and Braxton. Officer Does C, D, and L owed a duty of care to Plaintiff Wilson. Officer Does E and F owed a duty of care to Plaintiffs Stoner and Lowery. Officer Does G and H owed a duty of care to Plaintiff Johnson. Officer Does I, J, and O owed a duty of care to Plaintiff Crockett. Officer Does K and N owed a duty of care to Plaintiff Raffic. Officer Doe O owed a duty of care to Plaintiff Wright. Officer Doe P owed a duty of care to Plaintiff Horsey. Officer Does Q and R owed a duty of care to Plaintiff Chapman. 370. Officer Does A-R breached their duty of care by conducting suspicionless strip searches of the individual Plaintiffs at CBIC.
57

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371. Officer Does A-R also acted with gross negligence towards the individual Plaintiffs. 372. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the negligence or gross negligence of their employees. 373. In addition, by facilitating or failing to abate the known pattern and practice of illegal strip searches without individualized suspicion at CBIC, the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have breached a duty of care, which they owed to the individual Plaintiffs. 374. As an actual and proximate result of Defendants' negligence, the individual Plaintiffs suffered damages. L. Count XII: Invasion of Privacy for the Illegal Arrests 375. This Count incorporates all of the other allegations in this Complaint. 376. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Wright, Scott, Higgs, Horsey, Lindsay, Marcus and Crockett, and the NAACP against the Police Department, the City, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100. 377. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 intentionally and unreasonably intruded upon the person of the individual Plaintiffs by illegally arresting them and using physical force against them without probable cause.
58

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378. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, Heron, Grey, Chin, Southard, Pinkosz, Hamilton, Mealey, and Officer Does 1-100 also acted with actual malice, ill will, improper motive, and gross negligence towards the individual Plaintiffs.
379. The Police Department, City, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris are vicariously liable for the tortious conduct of their employees.
380. In addition, by purposefully facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the Police Department, City, Mayor Dixon, O'Malley, Hamm, Commissioner Bealefeld, Brown, Clark, and Norris have intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs.
381. Mayor Dixon, O'Malley's, Hamm's, Brown's, Clark's, and Norris's actions or omissions were made with malice, ill-will, improper motive, and gross negligence.
382. As an actual and proximate result of Defendants' tortious conduct, the individual Plaintiffs suffered damages.
383. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future. M. Count XIII: Invasion of Privacy for the Illegal Strip Searches
384. This Count incorporates all of the other allegations in this Complaint. 385. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Wright, Scott, Horsey and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-R.
59

Case 1:06-cv-01863-CCB Document 133-2 Filed 12/18/2007 Page 61 of 63 Case 1:06-cv-01863-CCB Document 144 Filed 02/27/08 Page 61 of 63
386. Officer Does A-R intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs by conducting suspicionless strip searches of them at CBIC.
387. Officer Does A-R also acted with actual malice, ill will, improper motive, and gross negligence towards the individual Plaintiffs.
388. The State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the tortious conduct of their employees.
389. In addition, by purposefully facilitating or failing to abate the known pattern and practice of illegal strip searches without individualized suspicion at CBIC, the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy have intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs.
390. Saar's, Smith's, Franks's, and Murphy's actions or omissions were made with malice, ill will, improper motive, and gross negligence.
391. As an actual and proximate result of Defendants' tortious conduct, the individual Plaintiffs suffered damages. N. Count XIV: Negligent Supervision and Training for the Illegal Strip Searches
392. This Count incorporates all of the other allegations in this Complaint. 393. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, Lowery, Johnson, Wright, Scott, Horsey, Chapman and Crockett, against the State, Secretary Maynard, Mary Ann Saar, Commissioner Smith, Warden Franks, and Murphy. 394. The State, Maynard, Saar, Smith, Franks, and Murphy owed a duty to the individual Plaintiffs to properly supervise and train their employee corrections officers not to strip search detainees without individualized suspicion.
60

Case 1:06-cv-01863-CCB Document 133-2 Filed 12/18/2007 Page 62 of 63 Case 1:06-cv-01863-CCB Document 144 Filed 02/27/08 Page 62 of 63
395. However, by purposefully facilitating or failing to abate the known pattern and practice of routine strip searches of male detainees, the State, Maynard, Saar, Smith, Franks, and Murphy knew or should have known that their employee corrections officers would conduct such strip searches without individualized suspicion.
396. This conduct constituted and continues to constitute negligence or gross negligence. 397. As an actual and proximate result of Defendants' negligence, the individual Plaintiffs suffered damages.
VII. JURY DEMAND 398. Plaintiffs demand a jury trial on all such triable issues.
VIII. RELIEF WHEREFORE, on Counts I through XIV, the Plaintiffs respectfully request that this Court grant the following relief: A. Declare that Defendants' acts alleged above violate the Fourth and the Fourteenth
Amendments to the U.S. Constitution; B. Declare that the Baltimore anti-loitering ordinance is unconstitutional on its face and as
applied, pursuant to the First, Fourth, and Fourteenth Amendments to the U.S. Constitution and Articles 24, 26, and 40 of the Maryland Declaration of Rights; C. Declare that Defendants' acts alleged above violate Articles 24 and 26 of the Maryland Declaration of Rights; D. Permanently enjoin Defendants from pursuing the course of conduct complained of herein; E. Award the individual Plaintiffs compensatory and consequential damages in an amount to be determined by a jury; F. Award the individual Plaintiffs punitive damages against the individual defendants in their individual capacities only in an amount to be determined by a jury;
61

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G. Order the expungement of arrest the records of the individual Plaintiffs;
H. Award all Plaintiffs attorneys' fees and costs incurred in bringing this action pursuant to 42 U.S.C. § 1988; and
I. Grant such other relief as this Court deems just and proper.

Dated: December 18, 2007

Respectfully Submitted,
/s/ Deborah A. Jeon David R. Rocah
AMERICAN CIVIL LIBERTIES UNION OF MARYLAND FOUNDATION 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 Phone: (410) 889-8555 Fax: (410) 366-7838

Mitchell A. Karlan Wayne A. Schrader Daniel A. Cantu Bennett B. Borden Dave M. Wharwood Jason E. Morrow
GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue N.W. Washington, District of Columbia 20036 Telephone: (202) 955-8500 Facsimile: (202) 467-0539
Attorneys for Plaintiffs

62

 
 Case 1:06-cv-01863-CCB Document 296 Filed 06/29/10 Page 1 of 2

Case 1:06-cv-01863-CCB Document 295-1 Filed 06/25/10 Page 1 of 2

U.S.

FILE 0 OISTHICT

i·:::t.;!

:,

.

DI::>TP! ' I • ' l, .r-:J

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAJID

q A tl : 5b

MARYLANDSTATECONFERENCEOF NAACP BRANCHES, et al. ,
Plaintiffs,

CLERWS o:-F!r:E AT8.:..Lit•.l.BY- ..

v.

Civil Action No. 06-cv-1863-CCB

BALTIMORE CITY POLICE DEPARTMENT, et al.,
Defendants.

AGREED ORDER OF DISMISSAL
This Order dismisses all claims made in the above-captioned case by the Maryland State Conference ofNAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, and Jeffrey Chapman ("Plaintiffs") against the Baltimore City Police Department, the Mayor and City Council of Baltimore, Martin O'Malley, Sheila Dixon, Leonard Hamm, Marcus Brown, Frederick Bealefeld, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr., Erik Pecha, Benjamin Newkirk, Arnold Jones, Peter Heron, Johnta Grey, Joseph Chin, Paul Southard, Michael Pinkosz, Lolando Hamilton, Ronald Mealey, and John Does 1-100 (the "City Defendants").

Case 1:06-cv-01863-CCB Document 296 Filed 06/29/10 Page 2 of 2
Case 1:06-cv-01863-CCB Document 295-1 Filed 06/25/1 0 Page 2 of 2

The Plaintiffs and the City Defendants (co llectively, "the parties") hereby agree that this

case has been settled and that all issues and controversies have been resolved to their mutual

satisfaction. The parties request the Court to retain jurisdi ction to enforce the terms of the

settlement agreement under the authority of Koklwnen v. Guardian Life Insurance Co. of

America, 511 U.S. 375,381 -82 (1994):

IT IS HEREBY ORDERED:

1. The parties entered into a settlement agreement on June 25, 2010, a copy of which is

attached hereto.

2. By consent of the parties, the Court shall retain jurisdiction for the purpose of

enforcing the terms of the agreement, as set forth in the agreement.

3. The Court's jurisdiction shall terminate on or before the date which is four years from

the entry of this Order, as set forth in the agreement.

4. Except as provided for in paragraphs 2 and 3 above, this case is dismissed, with

prejudice.

this ~: ~~010. !TIS SO ORDERED

of

Catherine C. Blake United States District Judge

 
 CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 11 ooff 5577

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

MARYLAND STATE CONFERENCE OF NAACP BRANCHES, et al.
Plaintiffs,

v.
BALTIMORE CITY POLICE DEPARTMENT, et al.
Defendants.

Civil Action No. 06-1863 (CCB)

STIPULATION OF SETTLEMENT May 3, 2010

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 22 ooff 5577

TABLE OF CONTENTS

I.

THE LITIGATION ............................................................................................................ 3

II. CLAIMS OF THE NAACP PLAINTIFFS ........................................................................ 4

III. THE MUNICIPAL DEFENDANTS' DENIAL OF WRONGDOING AND LIABILITY4

IV. TERMS OF STIPULATION AND AGREEMENT OF SETTLEMENT ......................... 4

A. Definitions.............................................................................................................. 4

B. Terms of the Settlement ......................................................................................... 8

l.

Policy Changes........................................................................................... 8

a) Statements of Policy ...................................................................... 8

b) Auditor ......................................................................................... 10

c) Data Tracking and Management.. ................................................ 17

d) Citizen Complaint and Investigation Process and Community Relations ...................................................................................... 20

e) Monitoring Arrests for Quality of Life Offenses and Citizen Complaints ................................................................................... 22

f)

Training ........................................................................................ 24

C. Payments to Plaintiffs .......................................................................................... 25

D. Confidentiality of Settlement Amounts ............................................................... 25

E. Dismissal of Released Claims Against Released Parties ..................................... 26

F. Releases................................................................................................................ 26

G. Miscellaneous Provisions..................................................................................... 27

2

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This Stipulation of Settlement (the "Agreement") is entered into by and among (i) the NAACP Plaintiffs (as defined in Section IV.A herein); and (ii) the Municipal Defendants (as defined in Section IV.A herein), collectively, the "Settling Parties." This Agreement is intended by the Settling Parties to fully, finally, and forever resolve, discharge, and settle the Released Claims (as defined in Section IV.A herein) with respect to the Municipal Defendants, upon and subject to the tenns and conditions hereo(
I. THE LITIGATION 1. On July 21, 2006, the NAACP Plaintiffs (with the exception of the Plaintiffs who joined the case in February 2008 with the filing of an amended complaint) commenced the Action by filing a complaint against the Municipal Defendants and other parties alleging, among other things, that the Department engaged in a pattern and practice of arrests without probable cause in violation of the United States Constitution and the Maryland Declaration of Rights. 2. The NAACP Plaintiffs filed an amended complaint on February 27, 2008, adding additional Plaintiffs and Defendants. 3. In December 2008, the Settling Parties agreed to suspend the prosecution of the Action and engaged in settlement negotiations. The Municipal Defendants, and especially the leadership of the Department, have worked closely and cooperatively with the NAACP Plaintiffs in fashioning the terms of this Agreement. These terms are based upon four key principles: 1) establishing policies and providing written guidance regarding the effective policing of Quality of Life Offenses; 2) training Department personnel regarding those policies; 3) tracking compliance with the policies; and 4) holding Departmental personnel accountable for conduct violative of the policies.
3

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II. CLAIMS OF THE NAACP PLAINTIFFS The NAACP Plaintiffs believe that the claims asserted in the Action have merit and that their investigation and analysis of the facts and the law in this matter support the claims asserted. However, the NAACP Plaintiffs and their counsel recognize and acknowledge the expense and length of continued proceedings necessary to prosecute the Action against the Municipal Defendants through trial and appeals. Plaintiffs agree that this Agreement is a fair and reasonable settlement with the Municipal Defendants.
III. THE MUNICIPAL DEFENDANTS' DENIAL OF WRONGDOING AND LIABILITY
The Municipal Defendants have denied and continue to deny all allegations of wrongdoing or liability asserted against them in the Action. Nonetheless, the Municipal Defendants recognize that continuing the Action through trial and appeals would be protracted and expensive, and that it is desirable and in the best interests of the Municipal Defendants and the citizens of Baltimore, that the Action be fully and finally settled in the manner set forth herein.
IV. TERMS OF STIPULATION AND AGREEMENT OF SETTLEMENT NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the
Settling Parties that the Action shall be fully and finally settled on and subject to the terms and conditions set forth below.
A. Defmitions The following terms have the meanings specified below: 1. "Action" means Maryland State Conference ofNAACP Branches, et al., v.
Baltimore City Police Department, et al., Civil Action No. 06-1863 (CCB) pending in the United States District Court for the District of Maryland.
4

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2. "Agreement" means the entirety of this Stipulation of Settlement once fully

executed by each of the Settling Parties, including all documents incorporated into this

Stipulation of Settlement by reference.

3. "Arrests of Plaintiffs at Issue" means

a. The arrest of Evan Howard on Aprill5, 2005.

b. The arrest ofTyrone Braxton on April 15, 2005.

c. The arrests of Donald Wilson on April 10, 2006, and AprilS, 2007.

d. The arrest of Aaron Stoner on May 7, 2005.

e. The arrest of Robert Lowery on May 7, 2005.

f. The arrest ofTimothy Johnson on June 25, 2006.

g. The arrests of Tavis Crockett on July 23, 2006 and August 22, 2006.·

h. The arrest of Raffic Scott on August 30, 2006.

t. The arrest ofKerrell Wright on August 30, 2006.

J. The arrest of Carol Higgs on March 2, 2004.

k. The arrest of Armondo Horsey on July 22, 2007.

I. The arrest of Jonathan Lindsay on July 22, 2007.

m. The arrest of Erin Marcus on October 12, 2007.

4. "Court" means the United States District Court for the District of Maryland.

5.

"Department" means the Baltimore Police Department.

6. "Effective Date" means the date upon which the Court enters an order of

voluntary dismissal of the Action with prejudice as agreed upon by the Settling Parties.

7.

"The Municipal Defendants" means the Mayor and City Council of the City of

Baltimore ("City"); the Baltimore Police Department; Martin O'Malley, individually, and in his

5

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 66 ooff 5577
official capacity as former-mayor of the City of Baltimore; Sheila Dixon, individually, and in her official capacity as Mayor, City of Baltimore; Leonard Hamm, individually, and in his official capacities as former Commissioner and Interim Commissioner of the Police Department; Marcus L. Brown, individually and in his official capacity as former Deputy Commissioner of the Police Departments; Frederick H. Bealfeld, III, individually and in his official capacity as Commissioner of the Police Department; Kevin Clark, individually, and in his official capacity as former-Commissioner of the Police Department; Edward T. Norris, individually, and in his official capacity as former-Commissioner of the Police Department; P/0 Jemini Jones, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 David A. Crites, Jr., individually, and in his official capacity as a Police Officer, Baltimore City Police Department; Sgt. Erik Pecha, individually, and in his official capacity as a Sergeant, Baltimore City Police Department; P/0 Benjamin Newkirk, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Arnold Jones, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Peter Heron, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Johnta Grey, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Joseph Chin, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Paul Southard, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Michael Pinkosz, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Lolando Hamilton, individually, and in his official capacity as a Police Officer, Baltimore City Police Department; P/0 Ronald Mealey, individually, and in his official capacity as a Police
6

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 77 ooff 5577
Officer, Baltimore City Police Department; John Does l-1 00, individually, and in their official capacity as Police Officers, Baltimore City Police Department.
8. "The NAACP Plaintiffs" means the Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell Wright, Carol Higgs, Erin Marcus, Armando Horsey, and Jonathan Lindsay.
9. "Personnel Information" means any information that specifically identifies an individual officer, including, but not limited to, name, badge number, sequence number, or social security number.
10. "Plaintiffs' Counsel" means the law firm of Gibson, Dunn & Crutcher LLP; the ACLU of Maryland; and all attorneys affiliated therewith.
11. "Policies" means the policies and written directives required by section IV.B.l.a.l through IV.B.l.a.3.
12. "Quality of Life Offenses" for the purposes of this Agreement means loitering, trespassing, public defecation/urination, open container, disorderly conduct (particularly "failure to obey" and disturbing the peace), hindering, and littering.
13. "Released Claims" shall collectively mean all claims, demands, rights, actions, liabilities, damages, losses, obligations, or causes of action, in law or in equity, whether known or unknown, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, hidden or concealed, matured or unmatured, accrued or which may hereafter accrue, that have been or could have been asserted through the Effective Date by the NAACP Plaintiffs, arising from Arrests at Issue.
14. "Released Persons" means each and all of the Municipal Defendants.
7

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 88 ooff 5577
15. '"Settlement" means the proposed settlement and compromise of the Action as provided for in this Agreement.
16. "Task" means any, each or all of the actions listed in Attachment A, as applicable. 17. "Zero Tolerance Policing" means the policy by which all Quality of Life Offenses, are enforced by means of custodial arrest, regardless of any discretion to address the infractions through other available means, including, but not limited to, counseling, verbal warning, or written citation. B. Terms of the Settlement The Settling Parties agree to resolve the Action, pursuant to this Agreement, on the following terms: 1. Policy Changes
a) Statements of Policy 1. Within 30 days of the Effective Date of this Agreement, the Department shall issue a policy stating that the Department does not support a policy of Zero Tolerance Policing. Quality of Life Offenses committed in an officer's presence may be enforced by several means, including but not limited to: counseling, verbal warning, written citation or arrest. The Department shall enforce this policy as set forth in sections IV.B.I.c and IV.B.l.e of this Agreement. The policy shall be in the form agreed upon, or to be agreed upon within 30 days of the Effective Date of this Agreement, by the Department and Plaintiffs' Counsel and is hereby incorporated into this Agreement by reference as if fully set forth herein. 2. Within 30 days of the Effective Date of this Agreement, the Department shall issue a written directive or directives enumerating the elements of each Quality of Life Offense and providing guidance on appropriately identifying and reacting to conduct that does and does not amount to a Quality of Life Offense, including guidance on conduct that is protected by the
8

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 99 ooff 5577
First Amendment to the U.S Constitution. The Department shall enforce the directive or directives as set forth in sections IV.B.l.c and IV.B.l.e ofthis Agreement. The Directives shall be in the form agreed upon by the Department and Plaintiffs' Counsel and are hereby incorporated into this Agreement by reference as if fully set forth herein.
a. The written directive or directives concerning Quality of Life Offenses required by Section IV.B.l.a.2 shall include a requirement that any time an officer effects a custodial arrest for a Quality of Life Offense, the officer shall record in the incident report and the statement of probable cause the factual basis for his or her decision to effect a custodial arrest, rather than providing counseling, a verbal warning or issuing a citation. 3. Within 30 days of the effective date of this Agreement, the Department shall issue and enforce a written directive requiring officers to provide their names and badge numbers to any individual who requests this information. 4. The Zero Tolerance Policing policy required by section IV.B.l.a.l shall not be rescinded or diminished by the Department during the term of this Agreement. 5. The written directive or directives required by section IV.B.l.a.2 shall not be rescinded or diminished by the Department during the term of this Agreement unless (a) the Department determines, in good faith and upon advice of counsel, that the policies conflict or will conflict with any applicable law, regulation, or court order; or (b) the Department determines in good faith that such rescission or diminishment is necessary for the safety of the public or Department personnel. In the event the Department concludes a modification of the written directive or directives required by section IV.B.l.a.2 is necessary, it will notify Plaintiffs'
9

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1100 ooff 5577
Counsel of the planned modification and offer a reasonable opportunity for Plaintiffs' Counsel to comment upon it. The Department shall in good faith consider such comments.
b) Auditor 1. Within 30 days of the Effective Date of this Agreement, the Department and Plaintiffs' Counsel will attempt in good faith to mutually agree upon an Auditor. If the Department and Plaintiffs' Counsel are unable to agree upon an Auditor within 30 days of the Effective Date of this Agreement, the Department and Plaintiffs' Counsel shall submit, within 45 days of the Effective Date of this Agreement, two names of persons who have experience as a law enforcement practices expert, monitor or auditor, along with resumes or curricula vitae and cost proposals to the Court, and the Court shall appoint the Auditor from among the names of qualified persons so submitted. 2. Should the Auditor become unable to serve, the Department and Plaintiffs' Counsel shall, within 45 days ofbeing so notified, together select a new Auditor. If the Department and Plaintiffs' Counsel are unable to agree on a replacement Auditor, the Department and Plaintiffs' Counsel shall submit, within 45 days of notification that the Auditor is unable to continue to serve, two names of persons who have experience as a law enforcement practices expert, monitor or auditor, along with resumes or curricula vitae and cost proposals to the Court, and the Court shall appoint the Auditor from among the names of qualified persons so submitted. 3. The Auditor shall be retained to conduct audits, issue public reports, and otherwise perform its duties as defined in this Agreement for a term of three (3) years from the effective date of this Agreement, with the final semi-annual report due no later than 90 days from the end of the three-year term, unless the Agreement is terminated prior to the end of three years under section IV.B.l.b.6, in which case the final report shall be issued no later than 90 days after
10

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1111 ooff 5577
the date the Agreement is terminated. The Auditor's term shall begin on the first day of the month following the selection of the Auditor. Each semi-annual report shall identify, in an executive summary, whether the Department is in Compliance, Material Compliance, Noncompliance, or Material Non-compliance with this Agreement. The definition of Compliance, Material Compliance, Non-compliance, and Material Non-compliance shall be set forth in detail in the Auditor's Manual mandated in section IV.B.l.b.21.
4. The Auditor shall not be retained by any current litigant or claimant, nor accept employment from any future litigant or claimant, in a claim or suit against the Municipal Defendants, or any of their officers, employees, agents, or associated persons. The Auditor shall not testify on behalf of any current or future litigant or claimant in any new claim or suit against the Municipal Defendants, or any of their officers, employees, agents, or associated persons. The Auditor shall be permitted to testify in any proceeding between the Settling Parties seeking to enforce this Agreement regarding the Auditor's access to documents, data, and persons, as set forth in sections IV.B.l.b.ll and IV.B.l.b.l2 as well as the Auditor's Manual pursuant to section IV.B.1.b.21 and IV.B.l.b.22, and the contents of any Auditor's Report. The Auditor shall immediately notify the Municipal Defendants upon receipt of a subpoena and/or request for documents and materials that relate to the Auditor's duties under this Agreement or any Report(s) issued hereunder.
5. If, at the end of the three-year term, the Auditor determines that the Municipal Defendants have not been in Material Compliance with this Agreement for at least the previous 12 months, or have not been in Compliance with this Agreement for at least the previous six months, the Auditor shall be reappointed and this Agreement shall continue to be in effect for one additional year, and then will terminate.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1122 ooff 5577
6. If, at any time after the Agreement has been in effect for more than 18 months, the Auditor determines that the Municipal Defendants have been in Compliance with this Agreement for at least 6 consecutive months, this Agreement shall terminate. However, the Agreement shall not terminate under any circumstances less than 24 months from the Effective Date.
7. At his or her discretion, the Auditor may recommend to the Municipal Defendants measures intended to ensure full and timely implementation of this Agreement. A decision by Municipal Defendants not to implement the recommendations made by the Auditor shall not, by itself, constitute grounds for an enforcement action, but a decision not to implement a recommendation that results in non-compliance with this Agreement shall not be exempt from review by the Auditor.
8. The Municipal Defendants shall bear all fees and costs of the Auditor. The Auditor shall submit a proposed work plan and budget to the Municipal Defendants, in a format specified by the Municipal Defendants, within 45 days of appointment. The budget shall not exceed the sum of $240,000.
9. The Auditor shall only have the duties, responsibilities, and authority conferred by this Agreement. The Auditor shall not, and is not intended to, replace or subsume the roles and duties of the Municipal Defendants or any of their officers, employees, or agents, including, but not limited to, the Department's Internal Investigations Division.
10. Ifthe Auditor is not an attorney, the Auditor shall, within the budget allotted under Section IV.B.l.b.8, obtain the assistance of an attorney with professional experience and/or training in the area of criminal law and/or law enforcement to assist in performing reviews related to probable cause. Within 30 days of the Effective Date of this Agreement, the Department and Plaintiffs' Counsel will attempt in good faith to mutually agree upon an assistive
12

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1133 ooff 5577
attorney. If the Department and Plaintiffs' Counsel are unable to agree upon an assistive attorney within 30 days of the Effective Date of this Agreement, the Department and Plaintiffs' Counsel shall submit, within 45 days of the Effective Date of this Agreement, two names of persons along with resumes or curricula vitae to the Court, and the Court shall appoint the assistive attorney from among the names of qualified persons so submitted. The Auditor, at his or her discretion (but within the budget approved by the Municipal Defendants), may associate such additional persons or entities as are necessary to perform the Tasks specified by this Agreement and attached at Attachment A, subject to the approval of the Municipal Defendants; such approval shall not be unreasonably withheld. Any additional persons or entities associated with the Auditor shall possess the following attributes: a reputation for integrity, evenhandedness, and independence; an absence of bias, including any appearance of bias, for or against the NAACP Plaintiffs or the Municipal Defendants in this Action, or their officers or employees; and no personal involvement in the last five years, whether paid or unpaid, with a claim or lawsuit against the Municipal Defendants or any of their officers, agents, or employees unless waived by the Municipal Defendants, which waiver shall not be unreasonably withheld. The Auditor shall notify in writing the Municipal Defendants if and when such additional persons or entities are selected for association by the Auditor. The notice shall identify the persons or entities to be associated and the task(s) to be performed, and, if a waiver is being requested, the notice shall indicate if the person had any such involvement in the last five years, whether paid or unpaid, with a claim or lawsuit against the Municipal Defendants or any of their officers, agents or employees. The Municipal Defendants shall notify the Auditor in writing within 10 days (excluding weekends, and federal or state holidays) of any objection they may have to the selection. All individuals or entities associated with the Auditor under this provision,
13

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1144 ooff 5577
including the assistive attorney, shall be subject to the same restrictions and limitations included in sections IV.B.l.b.4, IV.B.l.b.I3, and IV.B.l.b.I4 ofthis Agreement. Neither the NAACP Plaintiffs nor Plaintiffs' Counsel may assist the Auditor in performing the Auditing tasks specified by this Agreement.
11. The Municipal Defendants shall provide the Auditor with access to all officers, employees, documents, and data of the Municipal Defendants that are reasonably necessary to complete the Tasks enumerated in this Agreement. The Auditor's access to documents and databases that contain non-public individually identifiable data shall be provided through the oversight of an agent of the Municipal Defendants who has the necessary security clearance. In the event the Municipal Defendants reasonably believe the Auditor's request for access to officers, employees, documents or data is irrelevant, onerous, and/or unnecessary, the Municipal Defendants shall make their position known to the Auditor. A decision by Municipal Defendants to deny the Auditor access to requested personnel and/or documents shall not, by itself, constitute grounds for an enforcement action, but a decision to deny the Auditor access to requested personnel and/or documents that either results in non-compliance with this Agreement, or the Auditor's inability to assess compliance with this Agreement shall constitute grounds for an enforcement action.
12. The Auditor's access to documents and data shall include, but is not limited to, all documents and data described in Section IV.B.lofthis Agreement to the extent the documents or data are created or maintained by the Municipal Defendants.
13. The Auditor shall provide the Municipal Defendants with notice of a request for copies of or access to documents and databases. Upon such a request, the Municipal Defendants shall provide the Auditor with copies (electronic, where available, or hardcopy, at the Auditor's
14

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1155 ooff 5577
discretion) of or access to any documents or databases that the Auditor is entitled to access under this Agreement. The Auditor shall retain any non-public confidential information, including, but not limited to, PersoiUlel Information, information related to disciplinary investigations, procedures, or actions to the extent they contain PersoiUlellnformation, and General Orders, Police Commissioner's Memoranda, and Training Bulletin Guidelines to the extent they are not public records, in whatever form (e.g., written, electronic, oral, overheard or observed), in a confidential maiU1er and shall not disclose any non-public confidential information to any person or entity, other than those persons or entities with whom the Auditor may associate pursuant to this Agreement. The Auditor's semi-annual reports shall not contain any Personnel Information of any member of the Department. The Auditor's reports shall not contain information sufficient to identify any specific arrest or other citizen contact by the Department including, but not limited to, names, dates, time, or location.
14. All information, documents and data retained by the Auditor in the administration of his or her duties shall be returned to the Municipal Defendants upon the termination of this Agreement. This information, documents or data shall not be copied, and any electronic data shall be destroyed by the Auditor, who shall attest to the fact at the conclusion of this Agreement.
15. In order to audit and report on the Municipal Defendants' implementation of this Agreement, the Auditor shall regularly review and evaluate the Department's completion, implementation, and/or compliance with the Tasks enumerated in Attachment A.
16. Within 120 days ofthe Effective Date ofthis Agreement, the Department shall develop a document and database retention protocol to maintain and retain all records, including documents and the database described in Section IV.B.1.c of this Agreement, documenting
15

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1166 ooff 5577
compliance with the terms of this Agreement and all documents required by or developed pursuant to this Agreement. The protocol shall be evaluated and reported on by the Auditor.
17. In performing its obligations under this Agreement, the Auditor shall use the methods and procedures he or she deems most appropriate, including, but not limited to, statistical sampling techniques.
18. The Auditor shall evaluate and report on investigations of allegations of false or improper arrests regarding Quality of Life Offenses (as set forth in the explanatory note to Task 13 in Attachment A).
19. The Auditor shall issue semi-annual written, public reports, beginning 270 days after the Auditor's term begins, detailing the Municipal Defendants' compliance with and implementation of this Agreement. Each semi-annual report shall be issued within 90 days after the end of the six-month period being evaluated. At least 45 days before issuing a report, the Auditor shall provide a draft to the Municipal Defendants and Plaintiffs' Counsel for review. Plaintiffs' Counsel shall submit to the Auditor and the Municipal Defendants any written comments regarding the draft report within 15 days of receiving the draft report. Municipal Defendants shall provide to the Auditor and Plaintiffs' Counsel any written comments regarding the draft report within 30 days of receiving the draft report. The Auditor shall consider the comments of the Municipal Defendants and Plaintiffs' Counsel in drafting the Auditor's report. The Municipal Defendants' comments shall be published with the final report. The comments shall be clearly marked as the Municipal Defendants' comments. The reports shall be written with due regard for the privacy interests and rights of individual officers and shall not include any individually identifiable Personnel Information.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1177 ooff 5577
20. The Auditor's Report shall include, but is not limited to, a description of the methodology for assessing compliance with the Agreement.
21. The Auditor, within 90 days of the beginning of his or her term, shall create an Auditor's Manual and provide it to the Department and Plaintiffs' Counsel. The Auditor's Manual will identify each Task required of the Municipal Defendants listed in Attachment A and the methodology that shall be used to assess the Municipal Defendants' compliance with each Task.
22. Within 30 days of receipt of the Auditor's Manual, the Department and Plaintiffs' Counsel shall provide comments, if any, regarding the Auditor's Manual to the Auditor and opposing counsel. Within 30 days of receipt of the comments, the Auditor shall provide to the Department and Plaintiffs' Counsel the final Auditor's Manual, incorporating the comments to the extent he or she deems appropriate. If the Auditor, the Department and Plaintiffs' Counsel are unable to agree on the content of the Auditor's Manual, any and each of them may seek the intervention of the Court. The Auditor shall perform the duties required by this Agreement in conformity with the Auditor's Manual.
23. In the event that any of the Settling Parties seek the intervention of the Court to resolve a dispute concerning this Agreement, all deadlines, including the termination ofthis Agreement, shall be tolled until the dispute is resolved.
c) Data Tracking and Management 1. Within 180 days of the effective date of this Agreement, the Municipal Defendants shall create and automate a database to track police officer performance. The database shall have the capability to retrieve information by sequence number, sector, district, shift, date, and offense. The following data will be entered into the database:
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1188 ooff 5577
a. the number of citizen contact sheets written; b. the number and kind of citizen complaints and the final disposition of any
related investigations; c. the number of arrests for Quality of Life Offenses; d. the number of criminal and civil citations issued for Quality of Life
Offenses; and e. probable cause statements for arrests for Quality of Life Offenses. 2. Within 180 days ofthe effective date ofthis Agreement, the Department shall: a. establish and enforce a policy and procedure requiring shift supervisors to
review statements of probable cause for custodial arrests for Quality of Life Offenses to ensure that probable cause in fact existed and that the arrest was in accord with the Policies. If, after this Agreement has been in effect for 365 days, the result of the review is a determination that the arrest was in contravention of the Policies, the supervisor shall refer the matter to his or her command for action consistent with the policy established under section rv.B.l.c.2.c. If the result of the review is a determination that the arrest is consistent with the Policies, the supervisor shall determine the necessity, if any, for non-punitive counseling. b. establish and enforce a policy and procedure requiring a line supervisor's review of probable cause statements for custodial arrests for Quality of Life Offenses is reviewed by second-level supervisors on a periodic basis, not to exceed every six months, to ensure that probable cause in fact existed and that the arrest was in accord with the Policies ;
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 1199 ooff 5577

c. establish a policy identifying corrective actions, up to and including

disciplinary action, as warranted and consistent with established

Departmental disciplinary policies, procedures, contracts, memoranda of

understanding, and all applicable laws governing the discipline of law

enforcement officers, including, but not limited to the Law Enforcement

Officer's Bill of Rights ("LEOBR"), Md. Ann. Code, Public Safety Art.,§

3-101, et seq., to be taken by the Department when an officer's conduct is

determined to be in contravention of the Policies;

d. establish confidentiality and security policies and procedures for the

database; and

e. establish procedures to test the accuracy and security of data in the

database.

3. Within 365 days of the effective date of this Agreement, the Department shall

develop protocols for use of the database in evaluating compliance with the Policies. Such

protocols shall establish reasonable triggering thresholds for review of officer conduct to monitor

effective compliance with the Policies.

a. Triggering thresholds shall be established for a number of complaints over

a given period where the investigation stemming from the complaint

results in a finding that the complaint is sustained or not sustained.

1.

The triggering thresholds required by section IV.B.c.3.a. shall

include:

1. complaints alleging false arrests or lack of probable cause;

and

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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2200 ooff 5577
2. complaints alleging that an officer did not provide his or her name and badge number upon request.
b. Triggering thresholds shall be established for the number of custodial arrests for Quality of Life Offenses in a given period. A triggering threshold shall be established for each type of Quality of Life Offense as well as for the total number of custodial Quality of Life Offense arrests.
d) Citizen Complaint and Investigation Process and Community Relations
I. Within 90 days of the effective date of this Agreement, the Municipal Defendants shall enter all citizen complaints into a database. The database shall include the file number of the complaint (also provided to the complainant); the names of all accused officers, if provided or known; contact information for all complainants, non-accused but related officers, and witnesses, if provided or known; the race and gender of all involved officers and compiainants if known or ascertainable by reasonable investigation; a narrative description of the allegations; significant dates; the street address and district of the incident; and the disposition of the complaint (sustained, not sustained, unfounded or exonerated).
2. All files related to the discipline of any officer following a sustained complaint shall be available to Department personnel responsible for that officer's supervision, counseling, or discipline.
3. Complainants shall be allowed to initiate complaints against an officer in person, by telephone, by mail, by fax, or via the internet. A complainant shall not be required to fill out or sign a form to initiate a complaint. Municipal Defendants may seek from the complainant sufficient information to enable the identification of the involved officers and incident.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2211 ooff 5577
4. Complainants shall be permitted to initiate complaints anonymously, in writing or verbally. Third-party complaints shall be allowed.
5. Within 180 days ofthe Effective Date ofthis Agreement, a telephone number shall be created to allow for toll free calls to initiate complaints.
6. Within 180 days of the Effective Date of this Agreement, the telephone number shall be advertised with the goal that Baltimore residents and visitors should be generally aware of how to initiate a complaint.
7. Within 365 days of the Effective Date of this Agreement, the Municipal Defendants shall publicize information concerning the purpose and goals of the citizen complaint and resolution process, and the process for initiating a complaint, including publishing and distributing pamphlets describing the complaint and resolution process and holding at least one community meeting in each police district.
8. Investigators shall attempt to interview complainants· and witnesses at their own convenience, but, if necessary, shall offer to conduct interviews during non-business hours or at locations other than Departmental offices.
9. If conduct in contravention of Departmental policy other than the conduct alleged by the complainant is discovered in the course of an investigation, the Department shall investigate such other conduct.
10. Upon request, the Department shall provide a complainant reasonable updates on the status of the investigation. Even absent any such request for information, complainants shall be apprised of the status of open complaints every 60 days and promptly upon resolution of the investigation.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2222 ooff 5577
II. All findings shall be based on the "preponderance of the evidence" standard, and all investigators shall be trained on that standard. Investigators shall be required to state the factual basis for each finding in the final report of each investigation.
12. The Municipal Defendants shall make final determinations of all citizen complaints, and shall inform each complainant in writing of the final determination on his or her complaint.
e) Monitoring Arrests for Quality of Life Offenses and Citizen Complaints
1. When a review of an officer's performance is triggered by a data analysis under Section IV.B.l.c.3, the Department shall notify the appropriate supervisor of the officer or officers in question. This notice shall include the information available from the Section IV.B.l.c.3 database that triggered the review.
2. Once notified, a supervisor shall conduct a reasonable investigation of the performance of the officer in question by reviewing records relating to the conduct that triggered the review (e.g., complaint records, statements of probable cause, incident reports, etc.). The review shall specifically include a determination of the sufficiency of the probable cause underlying each Quality of Life arrest that is associated with the conduct under review. Based upon the review of related records, the supervisor shall determine, based upon a preponderance of the documentary evidence, whether the officer's actions are in contravention of the Policies. If the result of the review is a determination that the officer's actions are in contravention of the Policies, the supervisor shall refer the matter to his or her command for action consistent with the policy established under section IV.B.c.2.c. If the result of the review is a determination that the officer's actions are consistent with the Policies, the supervisor shall determine the necessity, if any, for non-punitive counseling.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2233 ooff 5577
3. Upon completion of the review, the investigating supervisor shall provide written documentation of the process and the results of the investigation in the form of a review memorandum. The review memorandum shall specifically document the conduct of the investigation, the outcome of the review and whether the supervisor provided the officer with non-punitive counseling.
4. When an officer's performance is being reviewed as part of the Department's periodic performance evaluation process, copies of any review memoranda created during the period under review shall be provided to and considered by the reviewing officer in evaluating the subject officer's performance.
5. When an officer, who is the supervisor of other officers, is the subject of a review as part of the Department's periodic performance evaluation process, copies of any review memoranda relating to the officer under the subject officer's supervision created during the period under review will be provided to and considered by the reviewing officer in evaluating the subject officer's performance.
6. The Municipal Defendants shall monitor citizen complaints related to Quality of Life Offenses to gauge the effectiveness of training and to detect the need for new or further training.
7. Except with respect to complaints subject to the statutory requirements of Article 4, section 16-44 ofthe Public Local Laws of Maryland, the Municipal Defendants shall monitor and be responsible for completing all investigations and shall not have discretion to reject a citizen complaint without investigation if sufficient information is provided to or obtained by the Municipal Defendants through reasonable investigation.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2244 ooff 5577

8. Within 120 days of the effective date of this Agreement, the Municipal

Defendants shall create and maintain individual training records for all police officers,

documenting the date and topic of all pre-service and in-service training completed. These

records shall also reflect whether the training was completed satisfactorily, as well as the reasons

for any mandatory re-training.

f) Training 1. Within 180 days of the effective date of the Agreement, the Department shall

develop training curricula for pre-service and annual in-service training regarding Quality of Life

Offenses, assessing probable cause, rights protected by the First Amendment to the U.S.

Constitution, especially the lawful exercise of those rights on City sidewalks and other public

areas, and the appropriate officer response when an individual requests an officer's name and

badge number.

2. The training curricula shall include, but is not limited to, the following:

a. the elements of each Quality of Life Offense;

b. the range of appropriate responses to various factual scenarios involving

Quality of Life Offenses;

c.

the range of appropriate responses to various factual scenarios involving

conduct that is protected by the First Amendment to the U.S. Constitution;

d. techniques for writing incident reports and statements of probable cause to

accurately articulate particularized facts sufficient to justify arrest for

Quality of Life Offenses;

e. the citizen complaint process, and officers' obligation to cooperate with

the resulting investigations;

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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2255 ooff 5577
f. an officer's duty to provide his or her name and badge number upon request.
3. Within 120 days of the effective date of this Agreement, the Department shall provide the training curricula required by section IV.B.l.f. to the Auditor and Plaintiffs' Counsel for comment, to be received no later than 30 days from receipt of the curricula. The Department shall consider in good faith any comments so received, but is not required to make any changes to the curricula based upon the comments.
4. Pre-service training based upon the training curricula required by this section shall be provided to all incoming classes as of the first incoming academy class after the finalization of the training curricula required by section IV.B.l.f.l-2.
5. In-service training based upon the training curricula required by this section shall be provided to officers beginning with in-service training that occurs within 90 days of the finalization of the training curricula required under IV.B.l.f.1-2 and shall continue for all inservice training sessions provided during the term of this Agreement.
6. Notice of this in-service training shall be disseminated to all officers employed by the Department as of the Effective Date of this Agreement within 120 days of the Effective Date of this Agreement.
C. Payments to Plaintiffs Within 60 days of the Effective Date of this Agreement, the Municipal Defendants shall remit to Plaintiffs' Counsel $630,000.00 in payments to Plaintiffs, in damages, attorneys' fees and costs.
D. Confidentiality of Settlement Amounts The total amount recovered by any individual NAACP Plaintiff as a result of this Settlement shall be kept completely confidential, and shall be disclosed to no one other that Plaintiffs'
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2266 ooff 5577
Counsel, that individual NAACP Plaintiff and such person's spouse (or significant other) and immediate family, such person's accounting, financial and legal advisors, the Internal Revenue Service and as otherwise required by law. Each of the above persons or entities to whom such authorized disclosures are made shall, in tum, be required to maintain the confidentiality of such information. The confidentiality obligations imposed by this paragraph are perpetual and shall survive termination of this Agreement for any reason. This provision may be enforced as an order of the court. E. Dismissal of Released Claims Against Released Parties
I. Promptly after execution of this Agreement by all Settling Parties, and approval by the City's Board of Estimates pursuant to section IV.G.5., the NAACP Plaintiffs shall submit the Agreement, together with its Attachments, to the Court requesting that the Court enter as soon as practicable an order, substantially in the form of Attachment B hereto, dismissing the Released Persons from all Released Claims. F. Releases
I. Upon issuance of an Order dismissing the Released Persons from all Released Claims, the NAACP Plaintiffs, shall be deemed to have fully, finally, and forever released, relinquished, and discharged all Released Claims and any and all claims, known or unknown, arising out of, relating to, or in connection with the settlement or resolution of the Action against the Released Persons, except for claims for failure to comply with the requirements of this Agreement.
2. Upon the Effective Date, each of the Released Persons shall be deemed to have, and by operation of the dismissal shall have, fully, finally and forever released, relinquished, and discharged each and all of the NAACP Plaintiffs from all claims (including unknown claims)
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2277 ooff 5577
arising out of, relating to, or in connection with the institution, prosecution, assertion, settlement, or resolution of the Action or the Released Claims. G. Miscellaneous Provisions
l. Cooperation of the Parties. The Settling Parties (a) intend to consummate the Settlement contemplated by and provided for in this Agreement; and (b) will cooperate to the extent reasonably necessary to effectuate and implement the Settlement and all terms and conditions of the Agreement.
2. Full and Final Settlement. The Settling Parties intend this Agreement to be a final and complete resolution of all disputes between them with respect to the Action. This Agreement compromises claims that are contested and shall not be deemed an admission by any Settling Party as to the merits of any claim, allegation or defense.
3. No Admissions. Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of the Agreement: (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claim, or of any wrongdoing or liability of the Municipal Defendants and/or the Released Persons; or (b) is or may be deemed to be or may be used as an admission of, or evidence of, any fault or omission of any of the Municipal Defendants, the Released Persons, or any other member of the Baltimore Police Department in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal. The Municipal Defendants and the Released Persons may file the Agreement and/or the dismissal in any action that may be brought against them in any state or federal court to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2288 ooff 5577
4. Joint Public Statement. The Settling Parties agree to issue a joint public statement to the media regarding the resolution of the Action. The joint public statement shall be in a form approved by the Settling Parties and attached hereto as Attachment C.
5. Approval by City's Board of Estimates. The Settling Parties understand that payment to Plaintiffs pursuant to section IV.C is subject to, and contingent upon, the prior approval of the City's Board of Estimates. If the payment to the Plaintiffs as set forth in section IV.C is not approved by the City's Board of Estimates this Agreement shall be null and void.
6. Attachments. The Attachments to this Agreement are material and integral parts and are fully incorporated by this reference.
7. Modification. The Agreement may be amended or modified only by a writing signed by or on behalf of all Settling Parties or their respective successors-in-interest.
8. Entire Agreement. This Agreement, the Attachments and any documents incorporated by reference constitute the entire agreement among the parties and no representations, warranties or inducements have been made to any party concerning the Agreement or its Attachments, other than the representations, warranties, and covenants in such documents. Except as otherwise provided, each party shall bear its own costs.
9. Warrant of Authority. Each counsel or other person executing the Agreement or its Attachments on behalf of any party warrants that such person has the full authority to do so.
10. Counterparts. The Agreement may be executed in one or more counterparts. Each executed counterpart shall be deemed to be one and the same instrument.
11. Binding Effect. The Agreement shall be binding up, and inure to the benefit of, the successors and assigns of the parties hereto.
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 2299 ooff 5577
12. Specific Performance. The Settling Parties agree that damages pursuant to any breach of the Agreement are incalculable and any breach of this Agreement may be remedied only by specific performance of the contract.
13. Attorneys' Fees. Any party that prevails in an action to enforce this agreement shall be entitled to recover its reasonable attorneys' fees in conjunction with such an action, pursuant to 42 U.S.C. § 1988.
14. Governing Law. This Agreement and its enforcement shall be governed by, and construed in accordance with, the laws of the State of Maryland. Any suit or enforcement proceeding arising out of this Agreement shall be brought or maintained exclusively in the United States District Court for the District of Maryland. Each party hereby irrevocably submits to the exclusive jurisdiction of such court, and waives any objection which it may have at any time to the laying of venue of any proceeding brought in said court, waives any claim that such proceeding has been brought in an inconvenient forum, and waives the right to object that such court does not have any jurisdiction over such party with respect to such proceeding.
15. Enforcement. This Agreement shall be enforceable in the United States District Court for the District of Maryland by any of the parties acting alone or in concert, and the United States District Court for the District of Maryland shall retain jurisdiction over the case for the purpose of enforcing this Agreement. The Settling Parties agree that they will not challenge the Court's jurisdiction. If the Court elects not to retain jurisdiction for the purpose of enforcing this Agreement the Settling Parties will renegotiate this Agreement concerning the enforcement of this Agreement.
16. Recovery/Destruction of Discovery Materials. Within 30 days of approval of the settlement sum by the Board of Estimates, the NAACP Plaintiffs and Plaintiffs' Counsel shall
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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3300 ooff 5577
return to the Municipal Defendants any and all materials, including, but not limited to, documents, recordings, transcripts, or electronically stored information, in whatever form, obtained from the Municipal Defendants in the Action. The Municipal Defendants shall retain all such materials stored together and in an accessible manner. If Plaintiffs believe the materials are relevant to an enforcement dispute among the Settling Parties prior to the termination of this Agreement, they shall request, in writing, access to the materials. If the Municipal Defendants believe Plaintiffs' request for access is unreasonable, the Settling Parties may seek the intervention of the Court.
The undersigned represents that he or she has read an understood the terms of this Stipulation of Settlement prior to executing same.

le Stephanie R wlings-Blake Mayor, Baltimore City
Dated:_CC_\+-'\_4---+-\\_D_ _

,III

Police Commissi<:?ner, Baltimore Police Department

Dated:

f£;/q/to •

George A. Nilson

City Solicitor, Baltimore City

G/ Dated:

)v

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CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3311 ooff 5577
MARYLAND STATE CONFERENCE OF NAACP BRANCHES, et aL v. BALTIMORE CITY POLICE DEPARTMENT, et al. STIPULATION OF SETTLEMENT May 3, 2010
APPROVED BY THE BOARD OF ESTIMATES:
J~;j.UN 2 3 2010
Date

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3322 ooff 5577
IT IS HEREBY AGREED, BY AND BETWEEN THE PARTIES, THisZS"".ti DAY OF ~,vi! ' 2010.
Mitchell Karlan Gibson, Dunn & Crutcher Counsel for Plaintiffs
David Rocah ACLU of Maryland Foundation Counsel for Plaintiffs

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3333 ooff 5577
IT IS HEREBY AGREED, BY AND BETWEEN THE PARTIES, THIS 5..-J DAY OF
~'"t"' . 2010.
Mitchell Karlan Gibson, Dunn & Crutcher Counsel for Plaintiffs
DaVId Rocah ACLU ofMaryland Foundation Counsel for Plaintiffs

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3344 ooff 5577

- - - - - - - - - - · --- ..

- ----- -----

The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
0G~= -~ ~ President, Maryland State Conference ofNAACP Branches /z Dated: (, (n>

39

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3355 ooff 5577
---=--· -----The undersigned represents that he or she has read and understood the terms of
this Stipulation of Settlement prior to executing same.
40

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3366 ooff 5577 The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
"I t:vovD '1~ I I
Evan Howard
Dated: s{zof,o
41

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3377 ooff 5577
-----···· ·---··-----------

The undersigned represents that he or she has read and understood the terms of

---- this Stipulation of Settlement prior to executing same.

/~--

.

/ /

····-.... ..

i' (..

Dated: 5-/9 ·2oto

42

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3388 ooff 5577

-------·-------- --------------------·

"':

The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
GJLJ:6J Donald Wilson h- /0 Dated: )..0-

43

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 3399 ooff 5577

The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.

a/~ -

Robert Lowery

s-/ar Dated:

/t_ lJ

(

44

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4400 ooff 5577
The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
Dated: ,;--d-1- trl
45

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4411 ooff 5577 The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
Tim::: -~Jt nson •
Dated: 5· 21- l 0
46

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4422 ooff 5577
--- -------------------------------------
The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
~0~
Tavis Cr~c~:~ ~~ Dated:~
47

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4433 ooff 5577

The undersigned represents that he or she has read and understood the terms of

this Stipulation of Settlement prior to executing same.

mj~

,,

5. rq ~ -z-a Lu
Dated:------

48

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4444 ooff 5577 The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
K'PMi1f ~.
Kerrell Wright¥
~~ Dated:
49

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4455 ooff 5577
-------····- --·--
The Lrdersigrro rfP'esents that he a she ras read ard urderstocx::! the tams of this
StiplJatioo of Settlement pior to executing same.
~
r- Dated: .s:~ 1 :z.CJ1u
50

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4466 ooff 5577
The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
&.4~
Erin Marcus
Dated: 5po/JD
52

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4477 ooff 5577
The undersigned represents that he or she has read and understood the terms of
a this Stipulation of Settlement prior to executing same.
Dated: 2o 10 M'Y Z3
52

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4488 ooff 5577 The undersigned represents that he or she has read and understood the terms of this Stipulation of Settlement prior to executing same.
53

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 4499 ooff 5577
Attachment A
1. Within 30 days of the Effective Date of this Agreement, the Department shall issue a policy stating that the Department does not support a policy of Zero Tolerance Policing. Quality of Life Offenses committed in an officer's presence may be enforced by several means, including but not limited to: counseling, verbal warning, written citation or arrest. The Department shall enforce this policy as set forth in sections IV.B.l.c and IV.B.l.e ofthis Agreement. [IV.B.l.a.l]
• The Auditor shall report on the Department's compliance with the preferential responses required by this policy.
2. Within 30 days of the Effective Date of this Agreement, the Department shall issue a written directive or directives enumerating the elements of each Quality of Life Offense and providing guidance on appropriately identifying and reacting to conduct that does and does not amount to a Quality of Life Offense, including guidance on conduct that is protected by the First Amendment to the U. S Constitution. The Department shall enforce the directive or directives as set forth in sections IV.B.l.c and IV.B.l.e of this Agreement. [IV.B.l.a.2]
3. The written directive or directives concerning Quality of Life Offenses required by Section IV.B.l.a.2 shall include a requirement that any time an officer effects a custodial arrest for a Quality of Life Offense, the officer shall record in the incident report and the statement of probable cause the factual basis for his or her decision to effect a custodial arrest, rather than providing counseling, a verbal warning or issuing a citation. [IV.B.l.a.2.a]
a. The Auditor shall review a statistically meaningful sample of statements of probable cause required by section IV.B.l.a.2.a to determine whether the factual narrative of the arrest could on its face support a finding of probable cause and that the arrest was in accord with the Policies.
4. Within 30 days of the effective date of this Agreement, the Department shall issue a written directive requiring officers to provide their names and badge numbers to any individual who requests this information. [IV.B.l.a.3]
5. The Zero Tolerance Policing policy required by section IV.B.l.a.l shall not be rescinded or diminished by the Department during the term of this Agreement. [IV.B.l.a.4]
6. The written directive or directives required by section IV.B.l.a.2 shall not be rescinded or diminished by the Department during the term of this Agreement unless (a) the Department determines, in good faith and upon advice of counsel, that the policies conflict or will conflict with any applicable law, regulation, or

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5500 ooff 5577
("LEOBR"), Md. Ann. Code, Public Safety Art., § 3-101, et seq., to be taken by the Department when an officer's conduct is deemed to be in contravention of the Policies;
d. establish confidentiality and security policies and procedures for the database; and
e. establish procedures to test the accuracy and security of data in the database. [IV.B.l.c.2.a-e]
11. Within 365 days of the effective date of this Agreement, the Department shall develop protocols for use of the database in evaluating compliance with the Policies. Such protocols shall establish reasonable triggering thresholds for review of officer conduct to monitor effective compliance with the Policies. [IV.B.l.c.3 et. seq.]
• The protocols referred to here are the "triggering points" for the EWS. The Auditor will confirm that each of the protocols required by the Agreement are developed and implemented. The Auditor will also report on the efficacy of the triggering points established by the Department.
12. Within 90 days of the effective date of this Agreement, the Municipal Defendants shall enter all citizen complaints into a database. The database shall include the file number of the complaint (also provided to the complainant); the names of all accused officers, if provided or known; contact information for all complainants, non-accused but related officers, and witnesses, if provided or known; the race and gender of all involved officers and complainants if known or ascertainable by reasonable investigation; a narrative description of the allegations; significant dates; the street address and district of the incident; and the disposition of the complaint (sustained, not sustained, unfounded or exonerated). [IV.B.1.d.l]
13. Complainants shall be allowed to initiate complaints against an officer in person, by telephone, by mail, by fax, or via the internet. A complainant shall not be required to fill out or sign a form to initiate a complaint. Municipal Defendants may seek from the complainant sufficient information to enable the identification of the involved officers and incident. [IV.B.l.d.3]
• For Tasks 13, 14, 18 - 21, the Settling Parties anticipate that the Auditor will evaluate the Department's compliance with this task by reviewing a statistically meaningful sample of complaint investigation files and other documentation, if any, identified by the Auditor. Such sample shall include a meaningful percentage of investigation files regarding complaints for false arrest or lack of probable cause for Quality of Life Offenses to satisfy section IV.B.l.b.18 of this Agreement.
14. Complainants shall be permitted to initiate complaints anonymously, in writing or verbally. Third-party complaints shall be allowed. [IV.B.1.d.4]
3

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5511 ooff 5577
15. Within 180 days ofthe Effective Date ofthis Agreement, a telephone number shall be created to allow for toll free calls to initiate complaints. [IV.B.1.d.5]
16. Within 180 days of the Effective Date of this Agreement, the telephone number shall be advertised with the goal that Baltimore residents and visitors should be generally aware of how to initiate a complaint.[IV.B.l.d.6]
17. Within 365 days ofthe Effective Date of this Agreement, the Municipal Defendants shall publicize information concerning the purpose and goals of the citizen complaint and resolution process, and the process for initiating a complaint, including publishing and distributing pamphlets describing the complaint and resolution process and holding at least one community meeting in each police district. [IV.B.l.d.7]
18. Investigators shall attempt to interview complainants and witnesses at their own convenience, but, if necessary, shall offer to conduct interviews during nonbusiness hours or at locations other than Departmental offices. [IV.B.I.d.8]
19. If conduct in contravention of Departmental policy other than the conduct alleged by the complainant is discovered in the course of an investigation, the Department shall investigate such other conduct. [IV.B.I.d.9]
20. Upon request, the Department shall provide a complainant reasonable updates on the status of the investigation. Even absent any such request for information, complainants shall be apprised of the status of open complaints every 60 days and promptly upon resolution of the investigation. [IV.B.l.d.I 0]
21. All findings shall be based on the "preponderance of the evidence" standard, and all investigators shall be trained on that standard. Investigators shall be required to state the factual basis for each finding in the final report of each investigation. [IV.B.I.d.ll]
22. The Municipal Defendants shall make final determinations of all citizen complaints, and shall inform each complainant in writing of the final determination on his or her complaint. [IV.B.l.d.12]
23. When a review of an officer's performance is triggered by a data analysis under Section IV.B.l.c.3, the Department shall notify the appropriate supervisor of the officer or officers in question. This notice shall include the information available from the Section IV.B.l.c.3 database that triggered the review.[IV.B.l.e.l]
24. Once notified, a supervisor shall conduct a reasonable investigation of the performance of the officer in question by reviewing records relating to the conduct that triggered the review (e.g., complaint records, statements of probable cause, incident reports, etc.). The review shall specifically include a determination of the sufficiency of the probable cause underlying each Quality of Life arrest that is associated with the conduct under review. Based upon the review of related records, the supervisor shall determine, based upon a
4

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5522 ooff 5577
preponderance of the documentary evidence, whether the officer's actions are in contravention of the Policies. If the result of the review is a determination that the officer's actions are in contravention of the Policies, the supervisor shall refer the matter to his or her command for action consistent with the policy established under section IV.B.c.2.c. If the result of the review is a determination that the officer's actions are consistent with the Policies, the supervisor shall determine the necessity, if any, for non-punitive counseling.[IV.B.l.e.2]
• The Settling Parties expect the Auditor to evaluate and report on the completion of the supervisory review and the determination of the sufficiency of the probable cause and compliance with the Policies as required by this section.
25. Upon completion of the review, the investigating supervisor shall provide written documentation of the process and the results of the investigation in the form of a review memorandum. The review memorandum shall specifically document the conduct of the investigation, the outcome of the review and whether the supervisor provided the officer with non-punitive counseling. [IV.B.l.e.3]
26. When an officer's performance is being reviewed as part of the Department's periodic performance evaluation process, copies of any review memoranda created during the period under review shall be provided to and considered by the reviewing officer in evaluating the subject officer's performance.[IV.B.l.e.4]
27. When an officer, who is the supervisor of other officers, is the subject of a review as part of the Department's periodic performance evaluation process, copies of any review memoranda relating to the officer under the subject officer's supervision created during the period under review will be provided to and considered by the reviewing officer in evaluating the subject officer's performance. [IV.B.l.e.5]
28. The Municipal Defendants shall monitor citizen complaints related to Quality of Life Offenses to gauge the effectiveness of training and to detect the need for new or further training. [IV.B.l.e.6]
29. Except with respect to complaints subject to the statutory requirements of Article 4, section 16-44 of the Public Local Laws of Maryland, the Municipal Defendants shall monitor and be responsible for completing all investigations and shall not have discretion to reject a citizen complaint without investigation if sufficient information is provided to or obtained by the Municipal Defendants through reasonable investigation. [IV.B.l.e.7]
30. Within 120 days of the effective date of this Agreement, the Municipal Defendants shall create and maintain individual training records for all police officers, documenting the date and topic of all pre-service and in-service training completed. These records shall also reflect whether the training was completed satisfactorily, as well as the reasons for any mandatory re-training. [IV.B.l.e.8]
5

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5533 ooff 5577
31. Within 180 days of the effective date of the Agreement, the Department shall develop training curricula for pre-service and annual in-service training regarding Quality of Life Offenses, assessing probable cause, rights protected by the First Amendment to the U.S. Constitution, especially the lawful exercise of those rights on City sidewalks and other public areas, and the appropriate officer response when an individual requests an officer's name and badge number. [IV.B.l.f.l] • The specific contents of the training are found in section IV.B.l.f.2.a-f. The Auditor shall report whether the training curricula includes the subject areas required by the Agreement.
32. Within 120 days of the effective date of this Agreement, the Department shall provide the training curricula required by section IV.B.l.f. to the Auditor and Plaintiffs' Counsel for comment, to be received no later than 30 days from receipt of the curricula. The Department shall consider in good faith any comments so received, but is not required to make any changes to the curricula based upon the comments. [IV.B.l.f.3]
33. Pre-service training based upon the training curricula required by this section shall be provided to all incoming classes as of the first incoming academy class after the finalization of the training curricula required under section IV.B.l.f.l 2. [IV.B.l.f.4]
34. In-service training based upon the training curricula required by this section shall be provided to officers beginning with in-service training that occurs within 90 days of the finalization of the training curricula required under section IV.B.l.f.l - 2, and shall continue for all in-service training sessions provided during the term ofthis Agreement. [IV.B.l.f.5]
35. Notice of this in-service training shall be disseminated to all officers employed by the Department as of the effective date of this Agreement within 120 days of the effective date of this Agreement. [IV.B.l.f.6]
6

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5544 ooff 5577
court order; or (b) the Department determines in good faith that such rescission or diminishment is necessary for the safety of the public or Department personnel. In the event the Department concludes a modification of the written directive or directives required by section IV.B.l.a.2 is necessary, it will notify Plaintiffs' Counsel of the planned modification and offer a reasonable opportunity for Plaintiffs' Counsel to comment upon it. The Department shall in good faith consider such comments [IV.B.l.a.S]
7. The Municipal Defendants shall provide the Auditor with access to all officers, employees, documents, and data of the Municipal Defendants that are reasonably necessary to complete the Tasks enumerated in this Agreement. [IV.B.1.b.11]
8. Within 120 days ofthe Effective Date of this Agreement, the Department shall develop a document and database retention protocol to maintain and retain all records, including documents and the database described in Section IV.B.1.c of this Agreement, documenting compliance with the terms of this Agreement and all documents required by or developed pursuant to this Agreement. The protocol shall be evaluated and reported on by the Auditor. [IV.B.l.b.16]
9. Within 180 days of the effective date of this Agreement, the Municipal Defendants shall create and automate a database to track police officer performance. [IV.B.l.c.l et.seq.]
10. Within 180 days ofthe effective date of this Agreement, the Department shall:
a. establish and enforce a policy and procedure requiring shift supervisors to review statements of probable cause for custodial arrests for Quality of Life Offenses to ensure that probable cause in fact existed and that the arrest was in accord with the Policies. If, after this agreement has been in effect for 365 days, the result of the review is a determination that the arrest was in contravention of the Policies, the supervisor shall refer the matter to his or her command for action consistent with the policy established under section IV.B.l.c.2.c. If the result of the review is a determination that the arrest is consistent with the Policies, the supervisor shall determine the necessity, if any, for non-punitive counseling.
b. establish and enforce a policy and procedure requiring a line supervisor's review of probable cause statements for custodial arrests for Quality of Life Offenses is reviewed by second-level supervisors on a periodic basis, not to exceed every six months, to ensure that probable cause in fact existed and that the arrest was in accord with the Policies;
c. establish a policy identifying corrective actions, up to and including disciplinary action, as warranted and consistent with established Departmental disciplinary policies, procedures, contracts, memoranda of understanding, and all applicable laws governing the discipline of law enforcement officers, including, but not limited to the Law Enforcement Officer's Bill of Rights
2

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5555 ooff 5577
Attachment B
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
MARYLAND STATE CONFERENCE OF NAACP BRANCHES, et al.,
Plaintiffs,

v.

Civil Action No. 06-cv-1863-CCB

BALTIMORE CITY POLICE DEPARTMENT, et al.,
Defendants.

AGREED ORDER OF DISMISSAL
This Order dismisses all claims made in the above-captioned case by the Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, and Jeffrey Chapman ("Plaintiffs") against the Baltimore City Police Department, the Mayor and City Council of Baltimore, Martin O'Malley, Sheila Dixon, Leonard Hamm, Marcus Brown, Frederick Bealefeld, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr., Erik Pecha, Benjamin Newkirk, Arnold Jones, Peter Heron, Johnta Grey, Joseph Chin, Paul Southard, Michael Pinkosz, Lolando Hamilton, Ronald Mealey, and John Does 1-100 (the "City Defendants").

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5566 ooff 5577
The Plaintiffs and the City Defendants (collectively, "the parties") hereby agree that this case has been settled and that all issues and controversies have been resolved to their mutual satisfaction. The parties request the Court to retain jurisdiction to enforce the terms of the settlement agreement under the authority of Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375,381-82 (1994):
IT IS HEREBY ORDERED: 1. The parties entered into a settlement agreement on _ _ _ _ _ _ _, 2010, a copy of
which is attached hereto. 2. By consent of the parties, the Court shall retain jurisdiction for the purpose of
enforcing the terms of the agreement as set forth in the agreement. 3. The Court's jurisdiction shall terminate on or before the date which is four years from
the entry of this Order, as set forth in the agreement. 4. Except as provided for in paragraphs 2 and 3 above, this case is dismissed, with
prejudice.
IT IS SO ORDERED this _ _ day of _ _ _ _ _, 2010.
Catherine C. Blake United States District Judge

CCaassee 11::0066--ccvv--0011886633--CCCCBB DDooccuummeenntt 229956--21 FFiilleedd 0066//2295//1100 PPaaggee 5577 ooff 5577
Attachment C
***JOINT STATEMENT OF THE PARTIES***
The American Civil Liberties Union of Maryland (ACLU). the Maryland State Conference and Baltimore City Branch of the NAACP. and the Baltimore City Police Department are pleased to announce that they have reached an agreement that will enhance police practices and will settle a longstanding lawsuit alleging improper arrests. The lawsuit was brought nearly four years ago, on behalf of the NAACP as well as 13 individual plaintiffs who alleged that they had been arrested without probable cause for "quality of life" offenses such as loitering and disorderly conduct.
Under the terms of the settlement, the Police Department has agreed to institute policies that reject "Zero-Tolerance Policing" and establish a range of appropriate officer responses when faced with minor offenses. In addition, the Department will issue written directives that spell out the elements of common minor offenses to ensure that officers are aware of the scope of their authority. Every officer will be trained on the new policies for offenses, and the Department will monitor officer conduct to ensure compliance with the new policies. The Department's efforts and internal monitoring under the settlement will be reviewed by an independent auditor, who will file public reports regarding the Department's compliance.
The ACLU, NAACP, and the individual plaintiffs recognize that the Baltimore Police Department's current leadership has already taken steps to address the issues raised by this lawsuit and has engaged in diligent efforts to resolve this lawsuit in a positive and constructive manner. They applaud those efforts and the Department's willingness to take the additional steps set forth in this agreement. The Department recognizes that the individuals who brought this lawsuit have focused their efforts on systemic reforms that the parties all believe will · improve policing in Baltimore.
The parties have been engaged in this lawsuit for four years, and believe that it is in their best interests, and the best interest of the community, to bring finality to the case. The parties all want to see a safer Baltimore, and all want effective and lawful policing. We all believe that police respect for the citizens they serve and adherence to the Constitution are essential to achievement of our collective goal of making our community a safer one. The plaintiffs and the Department are gratified that this chapter has been brought to a close, and look forward to working together to realize the promise of the settlement announced today.
"We think this agreement is an important step for the Baltimore City Police Department," said Dr. Marvin L. Cheatham, President of the Baltimore City Branch of the NAACP, "and we appreciate the Police Commissioner's willingness to make these commitments"
"I appreciate the hard work and creative thinking that was necessary to craft this Agreement, which is certainly in line with my overall mission for this Police Department," said Police Commissioner Frederick H. Bealefeld, Ill, "and the BPD will continue its efforts to strengthen its relationship with the citizens of Baltimore, and welcomes the valued partnership it continues to forge with the current leadership of the NAACP, which extends beyond this Agreement."

 
 Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 1 of 47
CASREF,CLOSED,STAYED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06−cv−01863−CCB

Maryland State Conference of NAACP Branches et al v.

Date Filed: 07/21/2006

Baltimore City Police Department et al

Date Terminated: 06/29/2010

Assigned to: Judge Catherine C. Blake

Jury Demand: Plaintiff

Case in other court: Circuit Court for Baltimore City, Maryland, Nature of Suit: 440 Civil Rights: Other

24−C−06−005088 OT

Jurisdiction: Federal Question

Cause: 28:1441 Petition for Removal− Civil Rights Act

Plaintiff

Maryland State Conference of NAACP Branches

represented by Bennett B Borden Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12029558500 Fax: 12025309687 Email: bborden@gibsondunn.com ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 2029558690 Fax: 12025309661 PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Ste 300 Washington, DC 20036 12028873579 Fax: 12024670539 Email: dwharwood@gibsondunn.com TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah ACLU of Maryland 3600 Clipper Mill Rd, #350 Baltimore, MD 21211 14108898555 Fax: 14103667838 Email: rocah@aclu−md.org ATTORNEY TO BE NOTICED

Deborah A Jeon American Civil Liberties Union of Maryland Foundation 3600 Clipper Mill Rd Ste 350 Baltimore, MD 21211 14108898555 Fax: 14103667838 Email: jeon@aclu−md.org ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 2 of 47
Washington, DC 20036 12028873782 Fax: 12025304224 Email: ekochtitzkyjacques@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson Ballard Spahr LLP 4800 Montgomery Ln Seventh Fl Bethesda, MD 20814 13016646200 Fax: 13016646299 Email: bensonh@ballardspahr.com ATTORNEY TO BE NOTICED
Jan Meir Geht United States Department of Justice Tax Division PO Box 227 Ben Franklin Station Washington, DC 20044 12023076449 Fax: 12025146866 Email: jan.m.geht@usdoj.gov TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
Jason Jacob Mendro Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Ste 200 Washington, DC 20036 12028873726 Fax: 12025309626 Email: jmendro@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jason Eugene Morrow Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12029558296 Fax: 12025309686 Email: jmorrow@gibsondunn.com ATTORNEY TO BE NOTICED
Mitchell A Karlan Gibson Dunn and Crutcher LLP 200 Park Ave New York, NY 10166 12123513827 Fax: 12123515254 Email: mkarlan@gibsondunn.com ATTORNEY TO BE NOTICED
Sarah A Wilson Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12029558500 Fax: 12025309565 Email: sawilson@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 3 of 47

Stephenie Joy Dowdle Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12028873559 Fax: 12025304217 Email: jdowdle@gibsondunn.com ATTORNEY TO BE NOTICED

Wayne A Schrader Isler Dare 1945 Old Gallows Rd Ste 650 Vienna, VA 22182 12022504800 Fax: 17037482695 Email: wschrader@gibsondunn.com ATTORNEY TO BE NOTICED

Plaintiff Baltimore City Branch of the NAACP

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 4 of 47

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Evan Howard for himself and on behalf of a class of similarly situated persons

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

represented by

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Tyrone Braxton for himself and on behalf of the class

Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Donald Wilson for himself and on behalf of the class

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 6 of 47

(See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Robert Lowery for himself and on behalf of the class

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 7 of 47

PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Aaron Stoner for himself and on behalf of the class

represented by Deborah A Jeon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 8 of 47

ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Timothy Johnson

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Tavis Crockett

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 9 of 47

Plaintiff Raffic Scott
Plaintiff Kerrell K. Wright

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 10 of 47

Plaintiff Carol Higgs
Plaintiff Armondo Horsey

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 11 of 47

Plaintiff Jonathan Lindsay
Plaintiff Erin Marcus

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 12 of 47

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jeffrey Chapman

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Baltimore City Police Department

represented by Karen Stakem Hornig Maryland Insurance Administration 200 St. Paul Place, Suite 2700 Baltimore, MD 21202 14104682010 Fax: 14104682020 Email: khornig@mdinsurance.state.md.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
George A Nilson Baltimore City Law Department City Hall 100 N Holliday St Ste 101 Baltimore, MD 21202

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 13 of 47

4103968393 Fax: 4106594077 Email: george.nilson@baltimorecity.gov ATTORNEY TO BE NOTICED

Joshua Neal Auerbach Office of the Attorney General 300 West Preson Street Suite 302 Baltimore, MD 21201 14107671860 Fax: 14103337894 Email: jauerbach@oag.state.md.us TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Mark H Grimes Baltimore Police Department Office of Legal Affairs 601 E Fayette St Baltimore, MD 21202 14103962495 Fax: 14105390536 Email: mark.grimes@baltimorepolice.org ATTORNEY TO BE NOTICED

Michael Francis Conti Office of the Attorney General 300 W. Preston Street Suite 302 Baltimore, MD 21201 14107672085 Fax: 14103337894 Email: mconti@oag.state.md.us ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr Office of the Mayor of Baltimore Mayor's Office on Criminal Justice & Public Safety 100 N. Holliday Street Rm 363 Baltimore, MD 21202 4103964950 Email: njane001@aol.com ATTORNEY TO BE NOTICED

Patrick Sheridan Baltimore City Law Department Litigation Division 100 Holliday Street, Suite 101 Baltimore, MD 21202 410−361−9451 Fax: 410−547−1025 Email: patrick.sheridan@baltimorecity.gov ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mayor and City Council of the City of Baltimore

represented by Karen Stakem Hornig (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 14 of 47

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Suzanne Sangree City of Baltimore Law Department Senior Public Safety Counsel City Hall Room 156 100 N Holliday St Baltimore, MD 21202 14433882190 Fax: 14105390536 Email: suzanne.sangree2@baltimorecity.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Mears Embry Baltimore City Law Department 100 N Holliday St Ste 101 Baltimore, MD 21201 14103963297 Fax: 14105767203 Email: elizabeth.embry@baltimorecity.gov ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mayor Martin O O'Malley individually, and in his official capacity as Mayor, City of Baltimore

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 15 of 47

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Leonard Hamm individually, and in his official capacity as Commissioner, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Marcus Brown individually and in his official capacity as Deputy Commissioner, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 16 of 47

ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Kevin Clark individually

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Edward T. Norris individually

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Jemini Jones individually, and in his official capacity

represented by James Howard Fields Fields Law LLC

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 17 of 47

as a Police Officer, Baltimore City Police Department

111 S Calvert St Ste 1400 Baltimore, MD 21202 4107836347 Fax: 4108892126 Email: jfields@fieldslawllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Stakem Hornig (See above for address) TERMINATED: 12/18/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Fitzgerald Owens Law Office of David F. Owens 44 Westminster Road Reisterstown, MD 21136 4102629466 Email: tunja63@gmail.com ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) TERMINATED: 12/18/2007 ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) TERMINATED: 12/18/2007 ATTORNEY TO BE NOTICED

Defendant
David A. Crites, Jr. individually, and in his official capacity as a Police Officer, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 18 of 47

Defendant
Sgt. Pecha individually, and in his official capacity as a Police Officer, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
B. Newkirk individually, and in his official capacity as a Police Officer, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Arnold Jones individually, and in his official capacity as a Police Officer Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 19 of 47

Defendant John Does 1−100 individually, and in their official capacities as Police Officers, Baltimore City Police Department
Defendant State Of Maryland Baltimore Central Booking and Intake Center

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED
Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED
Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED
represented by William F Brockman Maryland Office of the Attorney General 200 Saint Paul Place, 20th Floor Baltimore, MD 21202 14105767055 Fax: 14105766955 Email: wbrockman@oag.state.md.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alan D Eason State of Maryland Office of the Attorney General Public Safety and Correctional Services 6776 Reisterstown Rd Ste 312 Baltimore, MD 21215 14105853070 Fax: 14107645366 Email: aeason@dpscs.state.md.us ATTORNEY TO BE NOTICED
David Reid Moore Howard County Office of Law 3430 Courthouse Drive Ellicott City, MD 21043 14103133077

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 20 of 47

Fax: 14103133292 Email: dmoore@howardcountymd.gov ATTORNEY TO BE NOTICED

J Joseph Curran , Jr Office of the Attorney General of Maryland 200 Saint Paul Pl Baltimore, MD 21202 14105766300 Fax: 14105766880 TERMINATED: 11/12/2008

Karl Aram Pothier State of Maryland Office of the Attorney General Department of Juvenile Services 120 West Fayette Street Baltimore, MD 21201 14102303135 Fax: 14102303143 Email: karl.pothier@maryland.gov ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mary Ann Saar individually, and in her official capacity as Secretary, Department of Public Safety and Correctional Services

represented by William F Brockman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes State of Maryland Office of the Attorney General 300 East Joppa Road Suite 1000 Towson, MD 21286 4103397339 Fax: 14107645366 Email: bhughes@oag.state.md.us ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

J Joseph Curran , Jr (See above for address) TERMINATED: 11/12/2008

Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
William Smith individually, and in his official capacity

represented by William F Brockman (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 21 of 47

as Commissioner, Division of Pretrial Detention and Services

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes (See above for address) ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

J Joseph Curran , Jr (See above for address) TERMINATED: 11/12/2008

Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mitchell Franks individually, and in his official capacity as Warden, Baltimore Central Booking and Intake Center

represented by William F Brockman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes (See above for address) ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

J Joseph Curran , Jr (See above for address) TERMINATED: 11/12/2008

Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Susan Murphy individually

represented by William F Brockman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes (See above for address) ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

Karl Aram Pothier

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 22 of 47

(See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
John Does A−F individually, and in their official capacity as Corrections Officers, Central Booking and Intake Center

represented by David Reid Moore (See above for address) ATTORNEY TO BE NOTICED
Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Defendant
Sheila Dixon individually and in her official capacity as Mayor, City of Baltimore

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Gary D. Maynard individually and in his official capacity as Secretary, Department of Public Safety and Correctional Services

represented by Karl Aram Pothier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Heron P/O

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
J. Grey P/O

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 23 of 47

(See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Joseph Chin individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Southard individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Michael Pinkosz individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Lolando L. Hamilton individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

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Defendant P/O Ronald S. Mealey individually and in his official capacity as a Police Officer
Defendant F−R John Does individually and in their official capacity as Corrections Officers

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED
Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/21/2006
07/21/2006 07/21/2006

# Docket Text
1 NOTICE OF REMOVAL by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F from Circuit Court for Baltimore City, Maryland, case number 24−C−06−005088 OT. (Filing fee $ 350 receipt number 14637010436), filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk). (Entered: 07/21/2006)
2 COMPLAINT against Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F , filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.(ljs, Deputy Clerk) (Entered: 07/21/2006)
Jury Trial Demand by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (ljs, Deputy Clerk) (Entered: 07/21/2006)

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07/21/2006 3 Correspondence re: Jones v. Murphy (Auerbach, Joshua) (Entered: 07/21/2006)

07/21/2006

4 Summons Issued 30 days as to Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

5 SUMMONS Returned Executed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Baltimore City Police Department served on 6/21/2006; Mayor and City Council of the City of Baltimore served on 6/21/2006; Martin O O'Malley served on 6/21/2006, answer due 7/11/2006; Leonard Hamm served on 6/21/2006; Marcus Brown served on 6/21/2006; Kevin Clark served on 6/21/2006, answer due 7/11/2006; Edward T. Norris served on 6/21/2006; Jemini Jones served on 6/21/2006; David A. Crites, Jr served on 6/21/2006; Sgt. Pecha served on 6/21/2006; B. Newkirk served on 6/21/2006; Arnold Jones served on 6/21/2006; State Of Maryland served on 6/21/2006; Mary Ann Saar served on 6/21/2006; William Smith served on 6/21/2006; Mitchell Franks served on 6/21/2006. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

6 SUMMONS Returned Executed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Susan Murphy served on 6/22/2006. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

The above pleadings 2 and 4 through 6 are copies filed in the Circuit Court for Baltimore City, Maryland. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

7 NOTICE of Consent to Removal by State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

9 NOTICE of Filing of Notice of Removal by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100 (ljs, Deputy Clerk) (Entered: 07/25/2006)

07/21/2006 10 Local Rule 103.5(a)Certification re: State Court Papers. (ljs, Deputy Clerk) (Entered: 07/25/2006)

07/24/2006

8 Standing ORDER re: Removal. Signed by Judge Richard D Bennett on 7/24/06. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/25/2006

11 NOTICE of Appearance by David Reid Moore on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Moore, David) (Entered: 07/25/2006)

07/25/2006

12 (FILED IN ERROR − DUPLICATE OF #11) NOTICE of Appearance by David Reid Moore on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Moore, David) Modified on 7/25/2006 (jlb, Deputy Clerk). (Entered: 07/25/2006)

07/26/2006

13 MOTION to Designate Related Case by Maryland State Conference of NAACP Branches. Responses due by 8/14/2006 (Attachments: # 1 Memorandum in support of Motion to Designate Related Case# 2 Exhibit A to Memorandum)(Jeon, Deborah) (Entered: 07/26/2006)

07/28/2006

14 NOTICE of Appearance by Karl Aram Pothier on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Pothier, Karl) (Entered: 07/28/2006)

07/28/2006

15 (FILED IN ERROR − WRONG CASE) Corporate Disclosure Statement by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) Modified on 7/28/2006 (jlb, Deputy Clerk). (Entered: 07/28/2006)

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07/28/2006

16 (FILED IN ERROR − WRONG CASE) NOTICE by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Statement of Removal Required by Court's Standing Order on Removal (Hornig, Karen) Modified on 7/28/2006 (jlb, Deputy Clerk). (Entered: 07/28/2006)

07/28/2006

17 Corporate Disclosure Statement by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

18 NOTICE by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones CORRECTED Removal Statement Per Court's Standing Order on Removal (Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

19 MOTION for Other Relief to Certify a Question by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 8/14/2006 (Attachments: # 1 Memorandum of Law# 2 Exhibit No. 1)(Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

20 MOTION to Dismiss or in the Alternative Motion for Summary Judgment by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 8/14/2006 (Attachments: # 1 Memorandum of Law# 2 Exhibit No. 1 Crites# 3 Exhibit No. 2 Pecha# 4 Exhibit No. 3 Newkirk# 5 Exhibit No. 4 Arnold Jones# 6 Exhibit No. 5. Jemini Jones# 7 Exhibit No. 6)(Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

21 Consent MOTION for Extension of Time by State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Responses due by 8/14/2006 (Attachments: # 1 Text of Proposed Order)(Pothier, Karl) (Entered: 07/28/2006)

07/28/2006

22 Paperless ORDER granting 21 parties' Consent Motion for Extension of Time. Answer/response due from defendants by 8/11/2006. (Bennett, Richard) (Entered: 07/28/2006)

07/28/2006 23 Corporate Disclosure Statement by State Of Maryland. (Brockman, William) (Entered: 07/28/2006)

07/28/2006 24 NOTICE by State Of Maryland re 8 Order Concerning Removal (Brockman, William) (Entered: 07/28/2006)

08/01/2006 25 Corporate Disclosure Statement by Maryland State Conference of NAACP Branches. (Jeon, Deborah) (Entered: 08/01/2006)

08/08/2006

26 RESPONSE to Motion re 13 MOTION to Designate Related Case filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Replies due by 8/22/2006. (Auerbach, Joshua) (Entered: 08/08/2006)

08/09/2006 27 NOTICE of Appearance by Wayne A Schrader on behalf of all plaintiffs (Schrader, Wayne) (Entered: 08/09/2006)

08/09/2006

28 Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss Or, in the Alternative, Motion for Summary Judgment, and to File Reply to Opposition to Same, by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Jemini Jones, Baltimore City Branch of the NAACP, David A. Crites, Jr, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, John Does 1−100, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 8/28/2006 (Schrader, Wayne) (Entered: 08/09/2006)

08/10/2006 29 Paperless ORDER granting 28 parties' Joint Motion for Extension of Time. Response due 9/13/2006; Reply due 10/18/2006.(Bennett, Richard) (Entered: 08/10/2006)

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08/11/2006

30 RESPONSE in Opposition re 19 MOTION for Other Relief to Certify a Question filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Replies due by 8/25/2006. (Schrader, Wayne) (Entered: 08/11/2006)

08/11/2006 31 ANSWER to Complaint by State Of Maryland, el atl (State Defendants).(Brockman, William) Modified on 9/26/2006 (jlb, Deputy Clerk). (Entered: 08/11/2006)

08/15/2006

32 MOTION for Daniel A. Cantu to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

33 MARGINAL ORDER granting 32 Motion of Plaintiffs for Daniel A. Cantu to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #33 SEE #32) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

34 MOTION for Mitchell Karlan to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

35 MARGINAL ORDER granting 34 Motion of Plaintiffs for Mitchell Karlan to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #35 SEE #34) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

36 MOTION for Jan M. Geht to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

37 MARGINAL ORDER granting 36 Motion of Plaintiffs for Jan M. Geht to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #37 SEE #36) (jlb, Deputy Clerk) Modified on 8/15/2006 (jlb, Deputy Clerk). (Entered: 08/15/2006)

08/15/2006

38 MOTION for Jason J. Mendro to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

39 MARGINAL ORDER granting 38 Motion of Plaintiffs for Jason J. Mendro to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #39 SEE #38) (jlb, Deputy Clerk) Modified on 8/15/2006 (jlb, Deputy Clerk). (Entered: 08/15/2006)

08/15/2006

40 MOTION for Jason E. Morrow to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

41 MARGINAL ORDER granting 40 Motion of Plaintiffs for Jason E. Morrow to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #41 SEE #40) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

42 MOTION for Dave M. Wharwood to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

43 MARGINAL ORDER granting 42 Motion of Plaintiffs for Dave M. Wharwood to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #43 SEE #42) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/21/2006

44 REPLY to Response to Motion re 13 MOTION to Designate Related Case filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (Morrow, Jason) (Entered: 08/21/2006)

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08/25/2006

45 REPLY to Response to Motion re 19 MOTION for Other Relief to Certify a Question filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 08/25/2006)

09/07/2006

Motion Hearing held on 9/7/2006 re 13 MOTION to Designate Related Case filed by Maryland State Conference of NAACP Branches held before Judge Richard D Bennett. Argument of Counsel. Oral Order (Bennett, J.) "GRANTING" Motion of Plaintiff, for reasons stated in open Court. (Court Reporter: Lisa K. Bankins) (kam, Deputy Clerk) (Entered: 09/07/2006)

09/08/2006

Case reassigned to Judge Catherine C. Blake. Judge Richard D Bennett no longer assigned to the case. (cags, Deputy Clerk) (Entered: 09/08/2006)

09/08/2006 46 ORDER granting 13 Motion of Plaintiffs to Designate Related Case. Signed by Judge Richard D Bennett on 9/8/06. (mcb, Deputy Clerk) (Entered: 09/11/2006)

09/11/2006

47 ORDER DIRECTING each party to submit a Status Report on pending motions and issues in both cases and any suggestions counsel may have for a coordinated schedule no later than 9/25/06. Signed by Judge Catherine C. Blake on 9/12/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(mcb, Deputy Clerk) (Entered: 09/11/2006)

09/13/2006

48 RESPONSE in Opposition re (20 in 1:06−cv−01863−CCB) MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.Replies due by 9/27/2006. (Attachments: # 1 Affidavit Affidavit of Donald Wilson# 2 Affidavit Affidavit of Tyrone Braxton# 3 Affidavit Affidavit of Evan Howard# 4 Affidavit Affidavit of Aaron Stoner# 5 Affidavit Affidavit of Jason Morrow)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/13/2006)

09/20/2006

49 (FILED IN ERROR WRONG CASE) NOTICE by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West re (64 in 1:05−cv−01287−CCB) Response in Opposition to Motion, of New Relevant Authority Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) Modified on 9/21/2006 (jlb, Deputy Clerk). (Entered: 09/20/2006)

09/21/2006

50 (FILED IN ERROR WRONG CASE)RESPONSE re (75 in 1:05−cv−01287−CCB, 49 in 1:06−cv−01863−CCB) Notice (Other), Notice (Other) filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Auerbach, Joshua) Modified on 9/22/2006 (jlb, Deputy Clerk). (Entered: 09/21/2006)

09/25/2006

51 STATUS REPORT by Mitchell Franks. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 09/25/2006)

09/25/2006

52 STATUS REPORT by Mayor and City Council Of Baltimore, Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Auerbach, Joshua) (Entered: 09/25/2006)

09/25/2006

53 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/25/2006)

09/27/2006

54 MOTION to Dismiss or in the alternative, for Summary Judgment as to Evan Howard by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones.Responses due by 10/16/2006 (Hornig, Karen) Modified on 9/27/2006 (jlb, Deputy Clerk). (Entered: 09/27/2006)

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10/04/2006 55 REPORT of Rule 26(f) Planning Meeting. (Morrow, Jason) Modified on 10/6/2006 (jlb, Deputy Clerk). Modified on 10/6/2006 (jlb, Deputy Clerk). (Entered: 10/04/2006)

10/12/2006

56 RESPONSE in Opposition re 54 MOTION for Summary Judgment as to Evan Howard filed by Evan Howard.Replies due by 10/26/2006. (Morrow, Jason) (Entered: 10/12/2006)

10/18/2006

57 MOTION for Leave to File Excess Pages by Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Responses due by 11/6/2006 (Auerbach, Joshua) (Entered: 10/18/2006)

10/18/2006

58 REPLY to Response to Motion re 20 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 10/18/2006)

10/19/2006

59 PAPERELSS ORDER Granting 57 Unopposed Motion for Leave to File Reply in Excess of Page Limitation. Signed by Judge Catherine C. Blake on October 19, 2006. (Blake, Catherine) (Entered: 10/19/2006)

10/23/2006

60 REPLY to Response to Motion re 54 MOTION for Summary Judgment as to Evan Howard filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 10/23/2006)

11/28/2006 61 Request for Conference (Morrow, Jason) (Entered: 11/28/2006)

12/01/2006

62 ORDER SCHEDULING Status Conference. Signed by Judge Catherine C. Blake on 12/1/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 12/01/2006)

12/01/2006 63 MEMORANDUM. Signed by Judge Catherine C. Blake on 12/1/06. (jlb, Deputy Clerk) (Entered: 12/01/2006)

12/01/2006

64 ORDER denying without prejudice 19 Motion to Certify a Question; granting in part and denying in part 20 Motion to Dismiss; granting in part and denying in part 54 Motion for Summary Judgment. Signed by Judge Catherine C. Blake on 12/1/06. (jlb, Deputy Clerk) (Entered: 12/01/2006)

12/14/2006

65 Correspondence re: proposed schedule for document discovery Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Auerbach, Joshua) (Entered: 12/14/2006)

12/14/2006

66 RESPONSE re (84 in 1:05−cv−01287−CCB) Order to Submit Proposed Discovery Schedule filed by Mitchell Franks, Mitchell Franks. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 12/14/2006)

12/14/2006 67 Correspondence re: Proposed Discovery Schedule (Morrow, Jason) (Entered: 12/14/2006)

12/15/2006

68 ANSWER to Complaint by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones.(Hornig, Karen) (Entered: 12/15/2006)

12/18/2006

Status Conference held on 12/18/2006 held before Judge Catherine C. Blake. (Court Reporter Gail Simpkins.) (rhl, Deputy Clerk) (Entered: 12/18/2006)

12/20/2006

69 ORDER RE: Discovery; Status Reports are Due 1/18/07 and Scheduling Conference Call. Signed by Judge Catherine C. Blake on 12/19/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 12/21/2006)

12/22/2006 70 NOTICE by Eric Jones of Lead Counsel Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 12/22/2006)

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01/12/2007 71 MOTION to Withdraw as Attorney. Responses due by 1/29/2007 (Auerbach, Joshua) (Entered: 01/12/2007)

01/16/2007

72 PAPERLESS ORDER granting 71 Motion to Withdraw as Attorney. Attorney Joshua Neal Auerbach terminated. Per Judge Catherine C. Blake on 1/16/07. (jlb, Deputy Clerk) (Entered: 01/17/2007)

01/18/2007

73 STATUS REPORT Regarding Discovery by State Of Maryland. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 01/18/2007)

01/18/2007

74 STATUS REPORT by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 01/18/2007)

01/18/2007

75 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 01/18/2007)

01/18/2007

76 NOTICE by Eric Jones re (90 in 1:05−cv−01287−CCB) Order of Database Discovery Status Report required by Court's 12/20/06 Order Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 01/18/2007)

01/19/2007

77 TRANSCRIPT of Proceedings held on December 18, 2006 before Judge Catherine C. Blake. Court Reporter: Gail Simpkins. (FILED SEPARATELY UNDER CASE #CCB−06−1863) Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) Modified on 1/19/2007 (jlb, Deputy Clerk). (Entered: 01/19/2007)

02/04/2007

78 Consent MOTION to Continue database discovery deadlines by Eric Jones. Responses due by 2/21/2007 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/04/2007)

02/05/2007

79 ORDER granting (103) Motion to Continue in case 1:05−cv−01287−CCB; granting (78) Motion to Continue in case 1:06−cv−01863−CCB. Status Reports due 2/20/07 and Telephone Conference set for 2/22/07 @ 4:30 p.m. Signed by Judge Catherine C. Blake on 2/5/07. (hml, Deputy Clerk) (Entered: 02/05/2007)

02/19/2007

80 NOTICE by Eric Jones re (104 in 1:05−cv−01287−CCB) Order on Motion to Continue, status report on database discovery Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/19/2007)

02/20/2007

81 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 02/20/2007)

02/20/2007

82 Status Report Submitted by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/20/2007)

02/20/2007

83 MOTION for Extension of Time to Complete Discovery by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 3/9/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/20/2007)

02/21/2007

84 PAPERLESS ORDER Granting 83 Motion for Extension of Time to Complete Discovery, through May 3, 2007. Signed by Judge Catherine C. Blake on February 21, 2007. (Blake, Catherine) (Entered: 02/21/2007)

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02/21/2007 85 Correspondence re: conference call Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 02/21/2007)

02/22/2007

86 NOTICE by Eric Jones re (109 in 1:05−cv−01287−CCB) Miscellaneous Correspondence Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/22/2007)

02/23/2007 87 Correspondence re: Conference Call Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 02/23/2007)

02/23/2007 88 Correspondence re: Conference Call Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sheridan, Patrick) (Entered: 02/23/2007)

03/08/2007

89 MOTION for Stephenie Dowdle to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches. (Filing Fee Paid) (Receipt #14637014924) (hml, Deputy Clerk) (Entered: 03/08/2007)

03/08/2007

90 MARGINAL ORDER granting 89 Motion for Stephenie Dowdle to Appear Pro Hac Vice. Signed by Clerk on 3/6/07. (For #90, See #89) (hml, Deputy Clerk) (Entered: 03/08/2007)

03/23/2007 91 STATUS REPORT for 3/27/07 Telephone Status by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 03/23/2007)

03/23/2007

92 Status Report Submitted by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/23/2007)

03/26/2007

93 STATUS REPORT by Mayor and City Council of the City of Baltimore, Martin O O'Malley, Edward T. Norris, Jemini Jones, Sgt. Pecha, B. Newkirk, Arnold Jones. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 03/26/2007)

03/26/2007

94 Status Report Submitted (Supplemental) by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/26/2007)

03/27/2007

Telephone Conference held on 3/28/2007 before Judge Catherine C. Blake. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 03/28/2007)

03/28/2007

95 ORDER CONFIRMING Results of Telephone Conference Call. Signed by Judge Catherine C. Blake on 3/28/07. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 03/28/2007)

03/29/2007

96 Consent MOTION for Other Relief To Enter A Confidentiality Order by Maryland State Conference of NAACP Branches. Responses due by 4/16/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/29/2007)

03/30/2007

97 PAPERLESS ORDER Granting (121) Stipulated Order Regarding Confidentiality of Discovery Material, as proposed, in case CCB−05−1287; Granting (96) Stipulated Order Regarding Confidentiality of Discovery Material, as proposed, in case CCB−06−1863. Signed by Judge Catherine C. Blake on March 30, 2007. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 03/30/2007)

04/04/2007

98 Miscellaneous Correspondence adjusting the time of the conference call on April 25, 2007. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 04/04/2007)

04/05/2007

99 NOTICE of Appearance by Suzanne Sangree on behalf of Mayor and City Council of the City of Baltimore Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sangree, Suzanne) (Entered: 04/05/2007)

04/18/2007 100 STATUS REPORT (Joint for 05−1287) for 4/25/07 Status Conference by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day,

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04/18/2007
04/20/2007
04/25/2007 04/26/2007 04/30/2007 05/21/2007 06/22/2007 06/22/2007 06/22/2007 06/26/2007 06/26/2007 06/29/2007 07/02/2007 07/02/2007 07/02/2007 10/01/2007

Sean) (Entered: 04/18/2007)
101 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 04/18/2007)
102 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones (Attachments: # 1 Exhibit Notice of Deposition)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 04/20/2007)
103 TRANSCRIPT of Tele−Conference held on 1/19/07 before Judge Blake. Court Reporter: G. Simpkins. (FILED SEPARATELY UNDER 06−1863) Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(hml, Deputy Clerk) (Entered: 04/25/2007)
104 ORDER CONFIRMING the results of the tele−conference held 4/25/07. Signed by Judge Catherine C. Blake on 4/26/07. (hml, Deputy Clerk) (Entered: 04/26/2007)
105 Correspondence re: IT Personnel (Sheridan, Patrick) (Entered: 04/30/2007)
106 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 05/21/2007)
107 STATUS REPORT for 6/26/07 Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 06/22/2007)
108 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 06/22/2007)
109 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 06/22/2007)
Telephone Conference held on 6/26/2007 before Judge Catherine C. Blake. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 06/26/2007)
110 ORDER CONFIRMING Results of Telephone Conference. Signed by Judge Catherine C. Blake on 6/26/07. (jlb, Deputy Clerk) (Entered: 06/26/2007)
111 Joint MOTION to Amend/Correct December 20, 2006 Order by Maryland State Conference of NAACP Branches. Responses due by 7/16/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Dowdle, Stephenie) (Entered: 06/29/2007)
112 PAPERLESS ORDER Granting 111 Joint Motion to Amend December 20, 2006 Court Order, as proposed. Signed by Judge Catherine C. Blake on July 2, 2007. (Blake, Catherine) (Entered: 07/02/2007)
113 ORDER DIRECTING State Defendants to produce to plaintiffs' counsel all documents listed in appendix A to plaintiffs' status report no later than 8/2/07. Signed by Judge Catherine C. Blake on 7/2/07. (hml, Deputy Clerk) (Entered: 07/02/2007)
Telephone Conference held on 7/2/2007 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 07/02/2007)
115 STATUS REPORT for 10/4/07 Telephone Status Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered:

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10/01/2007 10/01/2007 10/01/2007 10/02/2007 10/02/2007 10/04/2007 10/30/2007
11/14/2007 11/30/2007 11/30/2007 11/30/2007 12/03/2007
12/03/2007

10/01/2007)
116 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 10/01/2007)
117 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 10/01/2007)
118 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 10/01/2007)
119 MOTION to Withdraw as Attorney by Baltimore City Branch of the NAACP. Responses due by 10/19/2007 (Geht, Jan) (Entered: 10/02/2007)
120 PAPERLESS ORDER granting 119 Motion to Withdraw as Attorney. Attorney Jan Meir Geht terminated. Per Judge Catherine C. Blake on 10/2/07. (hml, Deputy Clerk) (Entered: 10/02/2007)
121 Miscellaneous Correspondence to counsel. Status report due November 30, 2007. (Blake, Catherine) (Entered: 10/04/2007)
122 Consent MOTION for Extension of Time to File Response/Reply as to (142 in 1:05−cv−01287−CCB) MOTION to Amend/Correct (55) Amended Complaint, Fourth Amended Complaint by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 11/16/2007 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 10/30/2007)
123 MOTION to Bifurcate by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 12/3/2007 (Attachments: # 1 Memorandum in support# 2 Text of Proposed Order)(Sheridan, Patrick) (Entered: 11/14/2007)
124 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones (Sheridan, Patrick) (Entered: 11/30/2007)
125 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 11/30/2007)
126 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 11/30/2007)
127 RESPONSE in Opposition re 123 MOTION to Bifurcate filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.Replies due by 12/17/2007. (Attachments: # 1 Declaration of Jason E. Morrow# 2 Exhibit A to Morrow Declaration# 3 Exhibit B to Morrow Declaration# 4 Exhibit C to Morrow Declaration# 5 Exhibit D to Morrow Declaration# 6 Declaration of Dr. Michael R. Smith)(Morrow, Jason) (Entered: 12/03/2007)
128 Correspondence re: Proposed Order for Opposition to Motion to Bifurcate (Morrow, Jason) (Entered: 12/03/2007)

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12/04/2007 129 Miscellaneous Correspondence to counsel. Status report due February 19, 2008. (Blake, Catherine) (Entered: 12/04/2007)

12/07/2007 130 Correspondence re: Amended Complaint Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 12/07/2007)

12/17/2007 131 MOTION to Withdraw as Attorney by Jemini Jones. Responses due by 1/3/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sheridan, Patrick) (Entered: 12/17/2007)

12/17/2007

132 REPLY RESPONSE to Motion re 123 MOTION to Bifurcate filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris.(Sheridan, Patrick) Modified on 12/18/2007 (hml, Deputy Clerk). (Entered: 12/17/2007)

12/18/2007

133 MOTION for Leave to File First Amended Complaint by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 1/4/2008 (Attachments: # 1 Exhibit Exh. A − Proposed Amended Complaint# 2 Exhibit Exh. B−Proposed Amended Complaint With Changes Highlighted# 3 Memorandum in Support of Motion for Leave to Amend# 4 Text of Proposed Order)(Rocah, David) (Entered: 12/18/2007)

12/18/2007

134 ORDER granting (153) Motion to Withdraw as Attorney in case 1:05−cv−01287−CCB; granting (131) Motion to Withdraw as Attorney in case 1:06−cv−01863−CCB. ***Attorney James Howard Fields for Jemini Jones added. Attorney Patrick Sheridan, Michael Francis Conti and Karen Stakem Hornig terminated for Jemini Jones. Signed by Judge Catherine C. Blake on 12/18/07. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(hml, Deputy Clerk) (Entered: 12/18/2007)

01/04/2008 135 Correspondence re: Line (Sheridan, Patrick) (Entered: 01/04/2008)

01/04/2008 136 PAPERLESS ORDER Granting 133 Plaintiffs' Motion for Leave to Amend the Complaint. Signed by Judge Catherine C. Blake on January 4, 2008. (Blake, Catherine) (Entered: 01/04/2008)

01/14/2008 137 NOTICE of Appearance by Beverly F Hughes on behalf of Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy (Hughes, Beverly) (Entered: 01/14/2008)

01/31/2008 138 Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by Eric Jones Responses due by 2/19/2008 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 01/31/2008)

02/15/2008

139 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 02/15/2008)

02/19/2008 140 STATUS REPORT for 2/21/08 Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 02/19/2008)

02/19/2008 141 STATUS REPORT by Maryland State Conference of NAACP Branches. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/19/2008)

02/20/2008

142 MOTION for Summary Judgment (Partial Summary Judgment) by Eric Jones Responses due by 3/10/2008 (Attachments: # 1 Exhibit Pl. Ex. 101, # 2 Exhibit Pl. Ex. 102, # 3 Exhibit Pl. Ex. 103, # 4 Exhibit Pl. Ex. 104, # 5 Exhibit Pl. Ex. 105, # 6 Exhibit Pl. Ex. 106, # 7 Exhibit Pl. Ex. 107, # 8 Exhibit Pl. Ex. 108, # 9 Exhibit Pl. Ex. 109, # 10 Exhibit Pl. Ex. 110, # 11 Exhibit Pl. Ex. 111, # 12 Exhibit Pl. Ex. 112, # 13 Exhibit Pl. Ex. 113, # 14 Exhibit Pl. Ex. 114, # 15 Exhibit Pl. Ex. 115, # 16 Exhibit Pl. Ex. 116, # 17 Exhibit Index of Exhibits)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 02/20/2008)

02/21/2008

Telephone Conference held on 2/21/2008 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 02/21/2008)

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02/21/2008

143 ORDER CONFIRMING the results of the Telephone Conference held on February 21, 2008. Signed by Judge Catherine C. Blake on 2/21/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 02/21/2008)

02/27/2008

144 AMENDED COMPLAINT against Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, Ronald S. Mealey, John Does F−R, Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F filed by Maryland State Conference of NAACP Branches, et al. (Attachments: # 1 Redlined Version) (FILED AS OF 1/4/08)(hml, Deputy Clerk) (Entered: 02/27/2008)

02/27/2008 145 Summons Issued 10 days as to Sheila Dixon, Gary D. Maynard, P/O Heron, Lolando L. Hamilton, Ronald S. Mealey. (hml, Deputy Clerk) (Entered: 02/27/2008)

02/27/2008 146 Summons Issued 10 days as to J. Grey, Joseph Chin, Southard, Michael Pinkosz. (hml, Deputy Clerk) (Entered: 02/27/2008)

03/11/2008

147 NOTICE of Appearance by Hillary Anne Gould on behalf of Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner (Gould, Hillary) (Entered: 03/11/2008)

03/18/2008

148 ANSWER to (144 in 1:06−cv−01863−CCB) Amended Complaint,, by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones.Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 03/18/2008)

03/27/2008

149 STATUS REPORT by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Jemini Jones, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, John Does, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, William Smith, Donald Wilson, Robert Lowery, Aaron Stoner. (Sheridan, Patrick) (Entered: 03/27/2008)

04/08/2008 150 RESPONSE in Opposition re (168 in 1:05−cv−01287−CCB) MOTION for Protective Order filed by Eric Jones. Replies due by 4/22/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/08/2008)

04/21/2008

151 Status Report Submitted by William Jednorski, Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones, William Smith Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 04/21/2008)

04/21/2008 152 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/21/2008)

04/21/2008 153 MOTION for Leave to Appear Entry of David F. Owens by Jemini Jones Responses due by 5/8/2008 (Owens, David) (Entered: 04/21/2008)

04/21/2008 154 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 04/21/2008)

04/21/2008 155 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K.

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04/23/2008 04/23/2008 04/25/2008
05/19/2008 05/19/2008 05/19/2008 05/19/2008 05/19/2008 05/20/2008 05/21/2008 05/21/2008

Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (Dowdle, Stephenie) (Entered: 04/21/2008)
156 PAPERLESS ORDER APPROVING (155 in 1:06−cv−01863−CCB) NAACP Plaintiffs' Status Report. Further Status Report is due May 19, 2008; a conference call is set for May 21, 2008 at 9:30 a.m. Signed by Judge Catherine C. Blake on April 23, 2008. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 04/23/2008)
157 PAPERLESS ORDER APPROVING (177 in 1:05−cv−01287−CCB) Joint Status Report. Further status report due May 19, 2008; conference call is set for May 21, 2008 at 9:30 a.m. Signed by Judge Catherine C. Blake on April 23, 2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 04/23/2008)
158 MOTION to Certify Class by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West, Aaron Ross Responses due by 5/12/2008 (Attachments: # 1 TOC for Memorandum, # 2 Memorandum, # 3 Text of Proposed Order Proposed Order, # 4 Exhibit Index of Exhibits, # 5 Exhibit Pl Ex 26, # 6 Exhibit Pl Ex 27, # 7 Exhibit Pl Ex 28, # 8 Exhibit Pl Ex 29, # 9 Exhibit Pl Ex 44, # 10 Exhibit Pl Ex 45, # 11 Exhibit Pl Ex 56, # 12 Exhibit Pl Ex 57, # 13 Exhibit Pl Ex 108, # 14 Exhibit Pl Ex 110, # 15 Exhibit Pl Ex 111, # 16 Exhibit Pl Ex 114, # 17 Exhibit Pl Ex 115, # 18 Exhibit PL Ex 117, # 19 Exhibit PL Ex 121, # 20 Exhibit Pl Ex 122, # 21 Exhibit Pl Ex 123, # 22 Exhibit Pl Ex 124, # 23 Exhibit Pl Ex 125, # 24 Exhibit PL Ex 126, # 25 Exhibit Pl Ex 127, # 26 Exhibit Pl Ex 129, # 27 Exhibit Pl Ex 130, # 28 Exhibit Pl Ex 131, # 29 Exhibit Pl Ex 132, # 30 Exhibit Pl Ex 133, # 31 Exhibit Pl Ex 134, # 32 Exhibit Pl Ex 135, # 33 Exhibit Pl Ex 136, # 34 Exhibit Pl Ex 137)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/25/2008)
159 Status Report Submitted by William Jednorski, Baltimore City Police Department, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, J. Grey, Joseph Chin, Southard, Lolando L. Hamilton, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 05/19/2008)
160 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Dowdle, Stephenie) (Entered: 05/19/2008)
161 REPLY to Response to Motion re (162 in 1:05−cv−01287−CCB, 142 in 1:06−cv−01863−CCB) MOTION for Summary Judgment (Partial Summary Judgment) MOTION for Summary Judgment (Partial Summary Judgment) MOTION for Summary Judgment (Partial Summary Judgment) filed by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 05/19/2008)
162 RESPONSE in Opposition re (184 in 1:05−cv−01287−CCB) Cross MOTION for Partial Summary Judgment filed by Eric Jones. Replies due by 6/2/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 05/19/2008)
163 STATUS REPORT (Joint) for 5/21/08 Conference by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 05/19/2008)
164 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 05/20/2008)
165 Correspondence re: City Law Department Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 05/21/2008)
Telephone Conference held on 5/21/2008 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered:

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05/22/2008 05/22/2008 05/22/2008
05/23/2008
05/27/2008 06/09/2008 06/17/2008 06/17/2008 06/17/2008 06/18/2008 06/18/2008 06/23/2008

05/23/2008)
166 (FILED IN ERROR) NOTICE by Eric Jones Errata Re. Exhibit 124 (Attachments: # 1 Exhibit Exhibit 124 (corrected))Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) Modified on 5/23/2008 (jnl, Deputy Clerk). (Entered: 05/22/2008)
167 ORDER CONFIRMING the results of the Telephone Conference held on May 21, 2008. Signed by Judge Catherine C. Blake on 5/22/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 05/23/2008)
168 MOTION to Appear Pro Hac Vice for Elise Kochtitzky Jacques on behalf of Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Filing fee $ 50, receipt number 14637025888. (jnl, Deputy Clerk) (Entered: 05/23/2008)
169 PAPERLESS ORDER granting 168 Motion to Appear Pro Hac Vice for attorney Elise Kochtitzky Jacques on behalf of Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Directing attorney Elise Kochtitzky Jacques to register on−line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 5/23/08. (cmns, Deputy Clerk) (Entered: 05/23/2008)
170 Correspondence re: In Camera Inspection Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 05/27/2008)
171 REPLY to Response to Motion re (142 in 1:06−cv−01863−CCB) MOTION for Summary Judgment Defendants' Memorandum in Reply to Plaintiffs' Opposition to Defendants' Cross−Motion for Partial Summary Judgment filed by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 06/09/2008)
172 MOTION for Leave to Appear by Mayor and City Council of the City of Baltimore Responses due by 7/7/2008 (Embry, Elizabeth) (Entered: 06/17/2008)
173 NOTICE of Appearance by Neal Marcellas Janey, Jr on behalf of Baltimore City Police Department, Leonard Hamm, Marcus Brown, Heron, J. Grey, Joseph Chin, Southard, Lolando L. Hamilton, Ronald S. Mealey (Janey, Neal) (Entered: 06/17/2008)
174 MOTION to Withdraw as Attorney /Co−counsel by Baltimore City Police Department, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Heron, J. Grey, Joseph Chin, Southard, Lolando L. Hamilton Responses due by 7/7/2008 (Janey, Neal) (Entered: 06/17/2008)
175 (FILED IN ERROR) ORDER granting 174 Motion to Withdraw as Attorney. Attorney Neal Marcellas Janey, Jr terminated. Signed by Judge Catherine C. Blake on 6/18/08. (kjb, Chambers) Modified on 6/18/2008 (jnl, Deputy Clerk). Modified on 6/18/2008 (jnl, Deputy Clerk). (Entered: 06/18/2008)
176 PAPERLESS ORDER granting 174 Motion to Withdraw as Attorney. Attorney Neal Marcellas Janey, Jr terminated. Signed by Judge Catherine C. Blake on 6/18/08. (jnl, Deputy Clerk) (Entered: 06/18/2008)
177 STATUS REPORT (Joint Proposed Discovery Schedule) by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, John Does, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, John Does 1−100, State Of Maryland, Mary Ann Saar,

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06/23/2008 06/23/2008 06/24/2008
07/18/2008 07/22/2008 07/22/2008 07/22/2008 07/22/2008 07/23/2008
07/23/2008
07/25/2008 07/28/2008 08/01/2008 09/05/2008
09/05/2008 09/05/2008

William Smith, Donald Wilson, Mitchell Franks, Susan Murphy, John Does A−F, Robert Lowery, Aaron Stoner. (Gould, Hillary) (Entered: 06/23/2008)
178 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 06/23/2008)
179 ANSWER to 144 Amended Complaint,, by Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy.(Pothier, Karl) (Entered: 06/23/2008)
180 PAPERLESS ORDER APPROVING 177 Status Report and Joint Proposed Discovery Schedule, with the addition of mediation before a U.S. Magistrate Judge in January, 2009. Signed by Judge Catherine C. Blake on June 24, 2008. (Blake, Catherine) (Entered: 06/24/2008)
181 Status Report Submitted & Request for Extension by Mitchell Franks, Susan Murphy, William Jednorski Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 07/18/2008)
182 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 07/22/2008)
183 STATUS REPORT for 07/24/08 Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 07/22/2008)
184 Correspondence re: Defendants' Correspondence Requesting Extension Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 07/22/2008)
185 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 07/22/2008)
186 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 07/23/2008)
187 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Leonard Hamm, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 07/23/2008)
188 LETTER ORDER CONFIRMING THE RESULTS OF TELEPHONE CONFERENCE CALL OF JULY 24, 2008. Signed by Judge Catherine C. Blake on 7/25/08. (slf, Deputy Clerk) (Entered: 07/25/2008)
189 ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for Settlement. Signed by Judge Catherine C. Blake on 7/28/08 (cag, Deputy Clerk) (Entered: 07/28/2008)
190 ORDER SCHEDULING Settlement Conference. Signed by Magistrate Judge Paul W. Grimm on 7/31/08. (hml, Deputy Clerk) (Entered: 08/01/2008)
191 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 09/05/2008)
192 Status Report Submitted by Jemini Jones (Owens, David) (Entered: 09/05/2008)
193 STATUS REPORT (Joint) for 9/9/08 Conference by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 09/05/2008)

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09/05/2008

194 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/05/2008)

09/09/2008 195 Letter ORDER CONFIRMING the dates set during the telephone conference call held 9/9/08. Signed by Judge Catherine C. Blake on 9/9/08. (hml, Deputy Clerk) (Entered: 09/09/2008)

09/23/2008

196 MOTION for Extension of Time to File Response/Reply as to (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 10/10/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 09/23/2008)

09/26/2008

197 RESPONSE to Motion re (221 in 1:05−cv−01287−CCB, 196 in 1:06−cv−01863−CCB) MOTION for Extension of Time to File Response/Reply as to (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class MOTION for Extension of Time to File Response/Reply as to (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class (CONSENT RESPONSE) filed by Eric Jones. Replies due by 10/10/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 09/26/2008)

10/17/2008 198 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 10/17/2008)

10/17/2008

199 STATUS REPORT and Joint Motion to Extend Period of Fact Discovery by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Jemini Jones, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, John Does 1−100, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 10/17/2008)

10/17/2008 200 STATUS REPORT (Joint) by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 10/17/2008)

10/20/2008 201 PAPERLESS ORDER APPROVING 199 Status Report and Joint Motion to Extend Discovery. Signed by Judge Catherine C. Blake on October 20, 2008. (Blake, Catherine) (Entered: 10/20/2008)

10/27/2008 202 NOTICE of Appearance by Alan D Eason on behalf of State Of Maryland (Eason, Alan) (Entered: 10/27/2008)

10/27/2008

203 MOTION for Extension of Time to File Response/Reply as to (158 in 1:06−cv−01863−CCB) MOTION to Certify Class by Susan Murphy, William Jednorski, Mitchell Franks. Responses due by 11/13/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 10/27/2008)

10/28/2008

204 RESPONSE in Opposition re (227 in 1:05−cv−01287−CCB, 203 in 1:06−cv−01863−CCB) MOTION for Extension of Time to File Response/Reply as to (158 in 1:06−cv−01863−CCB) MOTION to Certify Class MOTION for Extension of Time to File Response/Reply as to (158 in 1:06−cv−01863−CCB) MOTION to Certify Class filed by Eric Jones. Replies due by 11/12/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 10/28/2008)

10/31/2008

205 ORDER granting (227) Motion for Enlargement of Time Within Which to File Opposition to Motion for Class Certification in case 1:05−cv−01287−CCB; granting (203) Motion for Enlargement of Time Within Which to File Opposition to Motion for Class Certification in case 1:06−cv−01863−CCB; directing that no further Extension will be granted. Signed by Judge Catherine C. Blake on 10/30/08. Associated Cases:

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11/12/2008
11/12/2008
11/12/2008 11/13/2008 11/14/2008
11/14/2008 11/14/2008 11/26/2008 12/04/2008 12/05/2008 12/05/2008

1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 10/31/2008)
206 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 11/12/2008)
207 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 11/12/2008)
208 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 11/12/2008)
209 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 11/13/2008)
210 RESPONSE in Opposition re (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class filed by Mitchell Franks, Susan Murphy, William Jednorski. Replies due by 12/1/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 27, # 27 Exhibit 28)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 11/14/2008)
211 PAPERLESS ORDER APPROVING 208 Joint Status Report. A conference call has been set for 5:00 P.M. on DECEMBER 22, 2008. Status reports are due December 19, 2008. Mr. Day is asked to make arrangements for a call in number. Signed by Judge Catherine C. Blake on November 14, 2008. (Blake, Catherine) (Entered: 11/14/2008)
212 Supplemental to (210 in 1:06−cv−01863−CCB) Response in Opposition to Motion,,, filed by Mitchell Franks, Susan Murphy, William Jednorski (Exhibit 26 to Opposition). Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 11/14/2008)
213 Consent MOTION for Extension of Time to File Response/Reply by Eric Jones. Responses due by 12/15/2008 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 11/26/2008)
214 Emergency MOTION to Stay November 26 Order of Magistrate Judge and Order's December 5, 2008 Deadline by Mitchell Franks, Susan Murphy, William Jednorski Responses due by 12/22/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 12/04/2008)
216 Consent MOTION for Leave to File Excess Pages by Eric Jones Responses due by 12/22/2008 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 12/05/2008)
217 REPLY to Response to Motion re (158 in 1:06−cv−01863−CCB) MOTION to Certify Class filed by Kevin Adams, Tonia Bowie, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West, Aaron Ross. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 108, # 3 Exhibit 109, # 4 Exhibit 110, # 5 Exhibit 111, # 6 Exhibit 112, # 7 Exhibit 113, # 8 Exhibit 114, # 9 Exhibit 115, # 10 Exhibit 117, # 11 Exhibit 140, # 12 Exhibit 141, # 13 Exhibit 142, # 14 Exhibit 143, # 15 Exhibit 144, # 16 Exhibit 145, # 17 Exhibit 146, # 18 Exhibit 147, # 19 Exhibit 148, # 20 Exhibit 149, # 21 Exhibit 150, # 22 Exhibit 151, # 23 Exhibit 152, # 24 Exhibit 153, # 25 Exhibit 154, # 26 Exhibit 155, # 27 Exhibit 156, # 28 Exhibit 157, # 29 Exhibit 158)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean)

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12/08/2008 12/08/2008 12/09/2008 12/15/2008
12/15/2008
12/17/2008 12/19/2008 12/19/2008
12/19/2008 12/22/2008
12/22/2008 12/22/2008

(Entered: 12/05/2008)
218 PAPERLESS ORDER granting (242)Consent Motion for Leave to File Reply in Excess of 25 Pages in case 1:05−cv−01287−CCB; granting (216) Motion for Leave to File Excess Pages in case 1:06−cv−01863−CCB. Signed by Judge Catherine C. Blake on 12/8/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 12/08/2008)
219 NOTICE of Appearance by Neal Marcellas Janey, Jr on behalf of Baltimore City Police Department, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, Ronald S. Mealey (Janey, Neal) (Entered: 12/08/2008)
220 PAPERLESS ORDER APPROVING THE REQUEST that Plaintiffs be excused from attending the December 17, 2008 settlement conference. Signed by Magistrate Judge Paul W. Grimm on 12/09/08. (Grimm, Paul) (mvz) (Entered: 12/09/2008)
221 NOTICE of Appearance by George A Nilson on behalf of Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Nilson, George) (Entered: 12/15/2008)
222 Joint MOTION for Extension of Time by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, John Does, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, State Of Maryland, Mary Ann Saar, William Smith, Donald Wilson, Mitchell Franks, Susan Murphy, Robert Lowery, Aaron Stoner Responses due by 1/1/2009 (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order Proposed Order)(Dowdle, Stephenie) (Entered: 12/15/2008)
Settlement Conference held on 12/17/2008 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 12/18/2008)
223 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 12/19/2008)
224 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 12/19/2008)
225 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 12/19/2008)
226 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 12/22/2008)
227 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 12/22/2008)
Telephone Conference held on 12/22/2008 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 12/29/2008)

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12/23/2008

228 PAPERLESS ORDER Confirming and Scheduling the Second Settlement in this case for Thursday, February 5, 2009 at 10:00 a.m. as the date agreed to by all counsel. Signed by Magistrate Judge Paul W. Grimm on 12/23/08.(Grimm, Paul)(jnf) (Entered: 12/23/2008)

12/23/2008 229 Correspondence re: forthcoming motion to compel (Dowdle, Stephenie) (Entered: 12/23/2008)

12/24/2008

230 MARGINAL ORDER APPROVING AS AMENDED 225 Status Report filed by William Smith, Susan Murphy, Mary Ann Saar, Mitchell Franks, William Jednorski, State Of Maryland, Gary D. Maynard; Telephone Conference scheduled for February 6, 2009. Signed by Judge Catherine C. Blake on 12/24/08. (mcb, Deputy Clerk) (Entered: 12/29/2008)

12/24/2008

231 ORDER CONFIRMING the schedule set during the Telephone Conference on December 22, 2008. Signed by Judge Catherine C. Blake on 12/24/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 12/29/2008)

01/09/2009

232 NOTICE by Mitchell Franks, Susan Murphy, William Jednorski, Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy re (245 in 1:05−cv−01287−CCB) Appeal of Magistrate Judge Decision to District Court (Attachments: # 1 Exhibit 1 (NAACP Plaintiffs' Document Request), # 2 Exhibit 2 (Transcript of December 17, 2008 Deposition of Mitchell Franks))Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 01/09/2009)

01/14/2009

233 MOTION to Compel the Depositions of Sergeants Robinson and Eames by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Responses due by 2/2/2009 (Attachments: # 1 Memorandum in Support of Motion to Compel, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Kochtitzky Jacques, Elise) (Entered: 01/14/2009)

01/27/2009 234 MOTION to Appear Pro Hac Vice for Sarah Wilson on behalf of Maryland State Conference of NAACP Branches. Filing fee $ 50, receipt number 14637031355. (hmls, Deputy Clerk) (Entered: 01/27/2009)

01/28/2009

235 PAPERLESS ORDER granting 234 Motion to Appear Pro Hac Vice for attorney Sarah A Wilson on behalf of Maryland State Conference of NAACP Branches. Directing attorney Sarah A Wilson to register on−line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 1/28/09. (cmns, Deputy Clerk) (Entered: 01/28/2009)

02/02/2009

236 RESPONSE in Opposition re 233 MOTION to Compel the Depositions of Sergeants Robinson and Eames filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones. Replies due by 2/17/2009. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Conti, Michael) (Entered: 02/02/2009)

02/04/2009 237 Correcting Earlier Submission (Attachments: # 1 Exhibit 2)(Conti, Michael) (Entered: 02/04/2009)

02/04/2009

238 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/04/2009)

02/05/2009 239 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 02/05/2009)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 43 of 47

02/05/2009

Settlement Conference held on 2/5/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 02/09/2009)

02/06/2009

240 Status Report Submitted Regarding Discovery and Motions Deadlines by William Jednorski, Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 02/06/2009)

02/06/2009 241 Miscellaneous Correspondence to counsel confirming schedule discussed during conference call. (blcs, Chambers) (Entered: 02/06/2009)

02/06/2009 242 Joint MOTION to Stay by Maryland State Conference of NAACP Branches Responses due by 2/23/2009 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/06/2009)

02/08/2009 243 NOTICE of Appearance by Mark Houston Grimes on behalf of Baltimore City Police Department (Grimes, Mark) (Entered: 02/08/2009)

02/09/2009

244 PAPERLESS ORDER Granting (262) Motion to Stay in case 1:05−cv−01287−CCB; Granting (242) Motion to Stay in case 1:06−cv−01863−CCB, as proposed. Signed by Judge Catherine C. Blake on February 9, 2009. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(blcs, Chambers) (Entered: 02/09/2009)

03/25/2009 245 Settlement Conference − requesting (Morrow, Jason) (Entered: 03/25/2009)

03/31/2009 246 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 03/31/2009)

03/31/2009 247 STATUS REPORT (Joint) by Baltimore City Police Department, Maryland State Conference of NAACP Branches. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/31/2009)

04/01/2009 248 STATUS REPORT by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/01/2009)

04/01/2009 249 STATUS REPORT of Defendants by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Eason, Alan) (Entered: 04/01/2009)

04/01/2009 250 STATUS REPORT , Corrected, of Defendants by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Eason, Alan) (Entered: 04/01/2009)

04/01/2009

Settlement Conference held on 4/1/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 04/03/2009)

04/02/2009 251 Letter ORDER confirming the dates set during the telephone conference call. Signed by Judge Catherine C. Blake on 4/2/09. (hmls, Deputy Clerk) (Entered: 04/02/2009)

04/21/2009 252 NOTICE of Appearance by Bennett B Borden on behalf of all plaintiffs (Borden, Bennett) (Entered: 04/21/2009)

04/21/2009 253 Request for Conference (Borden, Bennett) (Entered: 04/21/2009)

04/21/2009

254 PAPERLESS ORDER CONFIRMING PAPER NO. 253 − continuation of settlement set for May 13, 2009 at 9:30 a.m. as agreed to in telephonic settlement conference of 4/1/09. Signed by Magistrate Judge Paul W. Grimm on 4/21/09. (Grimm, Paul)(jnf) (Entered: 04/21/2009)

05/01/2009 255 Consent MOTION for Extension of Time to Complete Discovery by State Of Maryland. Responses due by 5/18/2009 (Attachments: # 1 Text of Proposed Order)(Brockman, William) (Entered: 05/01/2009)

05/05/2009 256 ORDER granting 255 CONSENT Motion of the State Defendants for Enlargement of Time to Permit Informal Resolution of Discovery Disputes as therein set forth. Signed by Judge Catherine C. Blake on 5/5/09. (mcb, Deputy Clerk) (Entered: 05/05/2009)

05/12/2009 257 Joint Correspondence re: Conference Scheduled for May 13, 2009 (Morrow, Jason) (Entered: 05/12/2009)

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05/12/2009 258 PAPERLESS ORDER APPROVING PAPER NO. 257. Plaintiffs' counsel will contact Defense counsel, and then contact the Court. Signed by Magistrate Judge Paul W. Grimm on 05/12/09. (Grimm, Paul) (mvz) (Entered: 05/12/2009)

05/13/2009

Telephone Conference held on 5/13/2009 before Magistrate Judge Paul W. Grimm. (mcb, Deputy Clerk) (Entered: 05/13/2009)

05/13/2009 259 LETTER ORDER. Signed by Magistrate Judge Paul W. Grimm on 5/13/09. (mcb, Deputy Clerk) (Entered: 05/13/2009)

06/15/2009

Telephone Conference held on 6/15/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 06/16/2009)

06/26/2009 260 Joint MOTION to Stay and for Mediation by Mitchell Franks, Susan Murphy, William Jednorski Responses due by 7/13/2009 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Eason, Alan) (Entered: 06/26/2009)

08/27/2009 261 Consent MOTION for Extension of Time by Maryland State Conference of NAACP Branches Responses due by 9/14/2009 (Borden, Bennett) (Entered: 08/27/2009)

08/27/2009 262 Paperless ORDER granting 261 Consent Motion to Extend Deadline. Status Report due December 8, 2009. Signed by Judge Catherine C. Blake on 8/27/09. (Blake, Catherine) (Entered: 08/27/2009)

09/01/2009

263 PAPERLESS ORDER scheduling a Telephone Conference for Wednesday, September 16, 2009, at 10:00 a.m., regarding the scheduling of a further settlement in this case. The Court asks that Mr. Bennett Borden initiate the call to counsel and the Court. Signed by Magistrate Judge Paul W. Grimm on 9/1/09. (Grimm, Paul)(jnf) (Entered: 09/01/2009)

09/16/2009

264 PAPERLESS ORDER scheduling a Telephone Settlement Conference for Monday, November 9, 2009 at 3:00 p.m., as per telephone conference held on September 9, 2009, with consent of all parties. The Court asks that Mr. Daniel Cantu initiate the call to counsel and the Court. Signed by Magistrate Judge Paul W. Grimm on 9/16/09. (Grimm, Paul) (Entered: 09/16/2009)

09/16/2009

265 AMENDED PAPERLESS ORDER scheduling a Telephone Settlement Conference for Monday, November 9, 2009 at 3:00 p.m., as per telephone conference held on SEPTEMBER 16, 2009, with consent of all parties. The Court asks that Mr. Daniel Cantu initiate the call to counsel and the Court. Signed by Magistrate Judge Paul W. Grimm on 9/16/09.(Grimm, Paul)(jnf) (Entered: 09/16/2009)

10/19/2009 266 NOTICE by Baltimore City Branch of the NAACP of Settlement Conference November 20, 2009 (Borden, Bennett) (Entered: 10/19/2009)

11/20/2009

Settlement Conference held on 11/20/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 11/24/2009)

11/24/2009

Set Status Report Deadline: Status Report due by 12/23/2009. (hmls, Deputy Clerk) (Entered: 11/24/2009)

12/07/2009 267 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, William Smith, State Of Maryland (Brockman, William) (Entered: 12/07/2009)

12/14/2009 268 PAPERLESS ORDER APPROVING 267 Status Report. A further Status Report is due January 15, 2010. Signed by Judge Catherine C. Blake on December 14, 2009. (Blake, Catherine) (Entered: 12/14/2009)

12/17/2009

269 PAPERLESS ORDER asking counsel for Plaintiffs and counsel for the State Defendants to schedule a telephone confrence with the Court to discuss whether any further settlement discussions would be productive. Signed by Magistrate Judge Paul W. Grimm on 12/18/09. (Grimm, Paul)(jnf) (Entered: 12/17/2009)

12/23/2009 270 Correspondence re: January 6, 2010 teleconference (Pothier, Karl) (Entered: 12/23/2009)

12/29/2009 271 MOTION to Withdraw as Attorney /Co−counsel by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 45 of 47

01/04/2010 01/05/2010 01/07/2010 01/14/2010 01/15/2010 01/19/2010 02/01/2010 02/01/2010 02/11/2010 02/19/2010
02/22/2010 02/26/2010
03/01/2010 03/05/2010
03/08/2010 03/16/2010 03/22/2010

Conference of NAACP Branches, Aaron Stoner, Donald Wilson, Kerrell K. Wright Responses due by 1/15/2010 (Wharwood, Dave) (Entered: 12/29/2009)
272 PAPERLESS ORDER granting 271 Motion to Withdraw as Attorney. Attorney Dave Merwin Wharwood terminated. Signed by Judge Catherine C. Blake on 1/4/10. (hmls, Deputy Clerk) (Entered: 01/04/2010)
Telephone Conference re Settlement held on 1/5/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 01/07/2010)
273 PAPERLESS ORDER scheduling further settlement negotiations for Monday, February 1, 2010 at 9:30 a.m. Signed by Magistrate Judge Paul W. Grimm on 1/7/10. (jnf) (Entered: 01/07/2010)
274 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, State Of Maryland (Brockman, William) (Entered: 01/14/2010)
275 STATUS REPORT by Maryland State Conference of NAACP Branches. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 01/15/2010)
276 PAPERLESS Correspondence: The Status Report and proposed schedule as to the State defendants is due no later than February 8, 2010. (Blake, Catherine) (Entered: 01/19/2010)
(FILED IN ERROR − NOT A TELEPHONE CONFERENCE) Telephone Conference re Settlement held on 2/1/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) Modified on 2/2/2010 (hmls, Deputy Clerk). (Entered: 02/02/2010)
Settlement Conference held on 2/1/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 02/02/2010)
277 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, William Smith, State Of Maryland (Brockman, William) (Entered: 02/11/2010)
278 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 02/19/2010)
279 PAPERLESS ORDER APPROVING 278 Status Report Submitted; further Status Report due February 26, 2010. Signed by Judge Catherine C. Blake on February 22, 2010. (Blake, Catherine) (Entered: 02/22/2010)
280 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 02/26/2010)
281 PAPERLESS ORDER APPROVING 280 Status Report and request to submit proposed schedule by March 5, 2010. Signed by Judge Catherine C. Blake on March 1, 2010. (Blake, Catherine) (Entered: 03/01/2010)
282 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 03/05/2010)
283 Miscellaneous Correspondence to counsel: Thank you for your March 5, 2010 status update. A further status report is due May 5, 2010. (Blake, Catherine) (Entered: 03/08/2010)
Settlement Telephone Conference held on 3/16/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 03/17/2010)
Telephone Conference re Settlement held on 3/22/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 03/30/2010)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 46 of 47

04/09/2010

284 STATUS REPORT by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Morrow, Jason) (Entered: 04/09/2010)

04/09/2010 285 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, William Smith, State Of Maryland (Brockman, William) (Entered: 04/09/2010)

04/12/2010 286 Paperless ORDER Approving re 284 Status Report, further status report due by May 7, 2010. Signed by Judge Catherine C. Blake on 4/12/10. (Blake, Catherine) (Entered: 04/12/2010)

05/05/2010

287 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 05/05/2010)

05/06/2010 288 PAPERLESS ORDER APPROVING 287 Status Report. Signed by Judge Catherine C. Blake on May 6, 2010. (Blake, Catherine) (Entered: 05/06/2010)

05/10/2010

289 STATUS REPORT by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Morrow, Jason) (Entered: 05/10/2010)

05/11/2010 290 PAPERLESS ORDER APPROVING 289 Status Report and requested extension until May 24, 2010. Signed by Judge Catherine C. Blake on May 11, 2010. (Blake, Catherine) (Entered: 05/11/2010)

05/26/2010

291 STATUS REPORT by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Morrow, Jason) (Entered: 05/26/2010)

05/27/2010 292 PAPERLESS ORDER APPROVING 291 Status Report. Extension until June 15, 2010 Approved. Signed by Judge Catherine C. Blake on May 27, 2010. (Blake, Catherine) (Entered: 05/27/2010)

06/17/2010

293 STATUS REPORT (Joint) by Baltimore City Branch of the NAACP, Baltimore City Police Department, Tyrone Braxton, Marcus Brown, Jeffrey Chapman, Joseph Chin, Kevin Clark, David A. Crites, Jr, Tavis Crockett, Sheila Dixon, J. Grey, Lolando L. Hamilton, Leonard Hamm, Heron, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Arnold Jones, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Mayor and City Council of the City of Baltimore, B. Newkirk, Edward T. Norris, Martin O O'Malley, Sgt. Pecha, Michael Pinkosz, Raffic Scott, Southard, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Dowdle, Stephenie) (Entered: 06/17/2010)

06/17/2010 294 PAPERLESS ORDER APPROVING 293 Status Report and proposal for extension until June 25, 2010. Signed by Judge Catherine C. Blake on June 17, 2010. (Blake, Catherine) (Entered: 06/17/2010)

06/25/2010

295 MOTION for Settlement Pursuant to Agreed Order by Baltimore City Branch of the NAACP, Tyrone Braxton, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright Responses due by 7/12/2010 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Morrow, Jason) (Entered: 06/25/2010)

06/29/2010 296 ORDER granting 295 Motion for Settlement (Agreed Order of Dismissal). Signed by Judge Catherine C. Blake on 6/29/10. (Attachments: # 1 Stipulation of Settlement) (hml, Deputy Clerk) (Entered: 06/29/2010)

Case: 1:06-cv-1863 As of: 03/15/2016 12:11 PM EDT 47 of 47

06/29/2010

Magistrate Judge Paul W. Grimm no longer assigned to case. (hmls, Deputy Clerk) (Entered: 07/08/2010)

 
 IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

MARYLAND STATE CONFERENCE OF NAACP
~ BRANCHES, c/o Jenkins Odoms, Jr., President, 4301
Garden City Drive, Room 301, Hyattsville, MD 20785,
I
""BALTIMORE CITY BRANCH OF THE NAACP, c/o Marvin L. Cheatham, Sr., President, 8 West 26th St., Baltimore, MD 21218-4501,

Civil Case No.

w')u u ' \ \c (' -, C- f\ .! ......
:/

/ ~-~"

../ EVAN HOWARD, for himself and on behalf of a class of similarly situated persons, 1314 Poplar Grove St., Baltimore, MD 21216,

/ TYRONE BRAXTON, for himself and on behalf of the class, 2816 W. Mosher St., Baltimore, MD 21216,

"DONALD WILSON, for himself and on behalf of the class, 902 Montpelier, Baltimore, MD 21218,
ROBERT LOWERY, for himself and on behalf of the V class, 786 Essex Circle, Greencastle, PA 17225, and
AARON STONER, for himself and on behalf of the class, 538 Kraiss Ave., Chambersburg, PA 17201,
Plaintiffs,
v.
/ BALTIMORE CITY POLICE DEPARTMENT, 601 East Fayette St., Baltimore, MD 21202,

~J.@~ ~i25.00
i)JilMEtH ! jiIl SH-l IE OF eDtEHENCE OF NAACe t;S
BfoAtuJ'Caf LiiJr£i'PL ~ E'iAL
f.:ecelF't f20~0irJi~;&i4 C;:isnier'; liB C(:EfX82-- ~6/i5/et ii:2Bam

[i MAYOR AND CITY COUNCIL OF THE CITY OF BALTIMORE, 100 North Holliday St., Baltimore, MD 21202,
/
/ MARTIN O'MALLEY, individually, and in his official capacity as Mayor, City of Baltimore, 100 North Holliday St., Baltimore, MD 21202,
/
, LEONARD HAMM, individually, and in his offiCIal capacity as Commissioner, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202,
/
v MARCUS L. BROWN, individually, and in his official capacity as Deputy Commissioner, Baltimore City Police

D7partment, 601 East Fayette St., Baltimore, MD 21202,
-,/
KEVIN CLARK, individually, 321 Union Ave., Mount Vernon, NY 10550,
~/EDWARD T. NORRIS, individually, 1621 East 51st St., Brooklyn, NY 11234,
/
'>' JEMINI JONES, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202,
,/DAVID A. CRITES, JR., individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202,
/
ISGT. PECHA, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202,
/ B. NEWKIRK, individually, and in his official capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202,
.j ARNOLD JONES, individually, and in his official
capacity as a Police Officer, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202,
./JOHN DOES 1-100, individually, and in their official capacities as Police Officers, Baltimore City Police Department, 601 East Fayette St., Baltimore, MD 21202,
(STATE OF MARYLAND, Baltimore Central Booking . and Intake Center, 400 East Madison St., Baltimore, MD
21202,
'-MARY ANN SAAR, individually, and in her official capacity as Secretary, Department of Public Safety and Correctional Services, c/o J Joseph Curran, Jr., Attorney General ofMaryland, 200 St. Paul Place, Baltimore, MD 21202,
. .j
WILLIAM J. SMITH, individually, and in his official capacity as Commissioner, Division of Pretrial Detention and Services, 400 East Madison St., Baltimore, MD
1

21202, \,/ MITCHELL FRANKS, individually, and in his official
capacity as Warden, Baltimore Central Booking and Intake Center, 400 East Madison St., Baltimore, MD 21202, SUSAN MURPHY, individually, Last Known Address: 400 East Madison St., Baltimore, MD 21202, and JOHN DOES A-F, individually, and in their official capacity as Corrections Officers, Central Booking and Intake Center, 400 East Madison St., Baltimore, MD 21202,
Defendants. CLASS ACTION COMPLAINT
Plaintiffs Maryland State Conference of NAACP Branches and Baltimore City Branch of the NAACP (collectively, "NAACP") and Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, and Aaron Stoner, for themselves and on behalf of a class of similarly situated individuals, sue various state and local entities and individuals for violations of federal and state law and seek declaratory, injunctive, monetary, equitable, and all other relief to which they are entitled.
I. INTRODUCTION 1. Under a pattern and practice set and enforced by city officials, Baltimore police officers arrest individuals without probable cause, in violation of the U.S. Constitution and the Maryland Declaration of Rights. 2. To encourage this pattern and practice, the Baltimore City Police Department ("Police Department") rewards police officers with more arrests and punishes officers with fewer arrests, regardless of the number or success of resulting prosecutions.
2

3. As a consequence, Baltimore prosecutors decided to drop the charges against approximately 30 percent of those arrested without a warrant in 200S prior to any involvement by a defense attorney, and prior to review of the charges by a Court Commissioner.
4. The Maryland Central Booking and Intake Center ("CBIC") receives these arrestees for processing, and compounds the problem by conducting strip searches of male arrestees without probable cause or individualized suspicion that they are carrying weapons or contraband, in violation of the U.S. Constitution and the Maryland Declaration of Rights.
S. The volume of arrests by the Police Department has caused CBIC to detain many arrestees beyond the statutory time limit of 24 hours before presentment or release, in violation of Maryland Rule 4-212(f) and the Maryland Declaration of Rights. In some cases, the detentions have exceeded 48 hours, in violation of the U.S. Constitution.
6. These unconstitutional and illegal acts degrade, humiliate, and cause grave harm to their victims. Individuals who are arrested suffer unwarranted deprivation of personal liberty, sometimes for days. They may lose their jobs or be denied job opportunities in the future as a result of the permanent stigma of having a criminal charge on their record. They suffer the humiliation of being hauled away in handcuffs in front of friends, family, or neighbors. At CBIC, they are subjected to the degradation of strip searches-in many cases, visual body cavity searches-in front of other detainees. They are detained, sometimes for days at a time, in fithly, overcrowded conditions. Then, when the States' Attorney declines to prosecute, they are Released Without Charge (RWQC'd), though they have technically already been charged by the police-often because the police had no right to arrest them in the first place.
7. Despite the patently unconstitutional and illegal nature of this conduct and its detrimental effects on the Baltimore residents whom the laws are supposed to protect, city
3

officials have refused to reform their practices. The time has come to rein in this abuse of power and stop these unconstitutional and illegal acts.
II. JURISDICTION 8. This Circuit Court has exclusive subject matter jurisdiction over this case because each individual Plaintiff claims damages in excess of $25,000. 9. This Court has personal jurisdiction over Defendants State of Maryland ("State"), the Mayor and City Council of the City of Baltimore ("City"), and the Police Department because they are entities consisting of or located within Maryland. 10. This Court also has personal jurisdiction over individual Defendants Saar, Smith, Franks, Murphy, O'Malley, Hamm, Brown, Clark, Norris, lemini lones, Crites, Pecha, Newkirk, Arnold lones, Does A-F, and Does 1-100. Upon information and belief, Saar, Smith, Franks, Murphy, O'Malley, Hamm, Brown, lemini lones, Crites, Pecha, Newkirk, Arnold lones, Does A-F, and Does 1-100 maintain domiciles within the State of Maryland. In addition, this Court has personal jurisdiction over all of the individual Defendants under Maryland's long-arm statute because (a) their tortious actions and omissions occurred and caused injury within Maryland and (b) they are (or were at the time of the illegal acts) all employed within Maryland, thus performing a character of work or service within Maryland.
III. PRE-SUIT REQUIREMENTS 11. Plaintiffs Howard, Lowery, Braxton, and Stoner have satisfied the necessary presuit prerequisites under the Maryland Tort Claims Act and the Local Government Tort Claims Act for each of the pertinent claims listed below in Section VIII. 12. Evan Howard submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 23, 2005.
4

On September 29,2005, the City notified Mr. Howard's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 4,2005, the Maryland State Treasurer acknowledged receipt ofMr. Howard's claim. The Maryland Treasurer failed to give Mr. Howard notice of a final decision within six months after the filing of his claim.
13. Tyrone Braxton submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 23,2005. On September 29,2005, the City notified Mr. Braxton's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 11,2005, the Maryland State Treasurer acknowledged receipt ofMr. Braxton's claim. The Maryland Treasurer failed to give Mr. Braxton notice of a final decision within six months after the filing of his claim.
14. Robert Lowery submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 29, 2005. On October 5, 2005, the City notified Mr. Lowery's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and disposition. On October 6,2005, the Maryland State Treasurer acknowledged receipt of Mr. Lowery's claim. The Maryland Treasurer failed to give Mr. Lowery notice of a final decision within six months after the filing of his claim.
15. Aaron Stoner submitted notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested, on September 29, 2005. On October 5, 2005, the City notified Mr. Stoner's counsel that the claim against the City had been referred to Michael Fry of the Baltimore City Police Department for attention and
5

disposition. On October 6,2005, the Maryland State Treasurer acknowledged receipt ofMr. Howard's claim. The Maryland Treasurer failed to give Mr. Stoner notice of a final decision within six months after the filing of his claim.
16. Donald Wilson is in the process of submitting notice of his claims to the Baltimore City Solicitor and the Maryland State Treasurer via certified mail, return receipt requested. While his notice is pending, Mr. Wilson at this time asserts state causes of action for (a) damages only against city and state officials in their individual capacities and (b) injunctive and declaratory relief.

17. Baltimore.

IV. VENUE Venue is proper in this Court because the causes of action arose in the City of

V. THE PARTIES A. The Plaintiffs
18. Plaintiff Evan Howard is a 19-year-old student in the engineering program at Morgan State University and a resident of the City of Baltimore. He is and always has been a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. With the exception of the arrest described below, Mr. Howard has never been arrested or convicted of a crime. As explained below, Mr. Howard has been injured and risks further harm as a result of the defendants' illegal acts and omissions. He also seeks to represent a class of individuals described below.
19. Plaintiff Tyrone Braxton is a 19-year-old graduate of Carver Vocational Technical High School and a resident of the City of Baltimore. He is and always has been a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of

6

the United States and the State of Maryland. With the exception of the arrest described below, Mr. Braxton has never been arrested or convicted of a crime. As explained below, Mr. Braxton has been injured and risks further harm as a result of the defendants' illegal acts and omissions. He also seeks to represent a class of individuals described below.
20. Plaintiff Donald Wilson is a 21-year-old resident of Baltimore, Maryland. He is and always has been a person and a citizen of the United States and the State of Maryland within the meaning of the constitutions of the United States and the State of Maryland. With the exception of the arrest described below, and a juvenile detention for disturbing the peace (which was never prosecuted), Mr. Wilson has not been arrested or convicted of a crime. As explained below, Mr. Wilson has been injured and risks further harm as a result of the defendants' illegal acts and omissions. He also seeks to represent a class of individuals described below.
21. Plaintiff Robert Lowery is a 27-year-old resident of Greencastle, Pennsylvania. He is and always has been a person and a citizen of the United States and the Commonwealth of Pennsylvania within the meaning of the constitutions of the United States and the Commonwealth of Pennsylvania. With the exception of the arrest described below, Mr. Lowery has never been arrested or convicted of a crime. As explained below, Mr. Lowery has been injured and risks further harm as a result of the defendants' illegal acts and omissions. He also seeks to represent a class of individuals described below.
22. Plaintiff Aaron Stoner is a 26-year-old resident of Chambersburg, Pennsylvania. He is and always has been a person and a citizen of the United States and the Commonwealth of Pennsylvania within the meaning of the constitutions of the United States and the Commonwealth of Pennsylvania. With the exception of the arrest described below, Mr. Stoner has never been arrested or convicted of a crime. As explained below, Mr. Stoner has been
7

injured and risks further harm as a result of the defendants' illegal acts and omissions. He also seeks to represent a class of individuals described below.
23. Plaintiffs Maryland State Conference of NAACP Branches and Baltimore City Branch ofthe NAACP (collectively, "NAACP") are 501(c)(4) non-profit, membership organizations that advocate for civil rights, equality, and social justice. The NAACP sues for declaratory and injunctive relief on behalf of its Maryland resident members, who are likely to be subjected to future unconstitutional and illegal arrests, strip searches, and detentions under the policies and practices described herein. B. Defendants
1. Entities 24. Defendant State of Maryland ("State") is a state government. The State has statutorily created, and is legally responsible for, the Department of Public Safety and Correctional Services ("Department"). The Division of Pretrial Detention and Services ("Pretrial Detention") is a division of the Department. 25. Defendant Mayor and City Council ofthe City of Baltimore ("City"), a municipal corporation, is a governmental entity within the meaning of the federal and state constitutions. 26. Defendant Baltimore City Police Department ("Police Department") is a government agency. The Mayor appoints the Commissioner of the Police Department with the advice and consent of the City Council. The City Council holds hearings on Police Department policy and sets the Police Department budget. 27. By virtue of being local governmental entities exercising power delegated by the State of Maryland, the City and the Police Department were acting under color of state law during all relevant times.
8

2. {)fficials 28. Defendant Mary Ann Saar is, and was at all times relevant hereto, Secretary of the Department. As Secretary, she acts under color of state law and exercises authority over the policies and practices of the Pretrial Division. She ultimately is responsible for the actions and policies of CBIe. Ms. Saar is sued in her individual and official capacities. 29. Defendant William 1. Smith is, and was at all times relevant hereto, Commissioner of Pretrial Detention. As such, Mr. Smith is responsible for the duties, discipline, and conduct of officers and other employees of units in the division, such as CBIe. Mr. Smith also is responsible for establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinate employees at CBIe. As Commissioner, he acts and has acted under color of state law. Mr. Smith is sued in his individual and official capacities. 30. Defendant Mitchell Franks is, and has been since July 6, 2005, the Warden of CBIe. As Warden, he acts and has acted under color of state law by screening, hiring, training, monitoring, and supervising subordinate employees at CBIe. Mr. Franks is sued in his individual and official capacities. 31. Defendant Susan Murphy was, from July 23, 2004, until her retirement on June 23,2005, the Warden ofCBIe. As Warden, Ms. Murphy acted under color of state law by screening, hiring, training, monitoring, and supervising subordinate employees at CBre. Ms. Murphy is sued in her individual capacity. 32. Defendants John Does A-F were, at times relevant hereto, corrections officers employed by CBIe. Does A and B conducted strip searches of Plaintiffs Howard and Braxton. Does C and D conducted the strip search of Plaintiff Donald Wilson. Does E and F conducted strip searches of Plaintiffs Stoner and Lowery. As corrections officers, Does A-F acted within
9

the scope of their duties and under color of state law. These defendants are sued in their individual and official capacities.
33. Defendant Martin O'Malley is, and was at all times relevant hereto, the Mayor of the City of Baltimore. As Mayor, he acts and has acted under color of state law by appointing the Commissioner of the Police Department, overseeing the operation of the Police Department, and introducing "The Mayor's Plan to Drastically Reduce Crime in Baltimore" and other policies that encourage the unconstitutional police practices. Mr. O'Malley is sued in his individual and official capacities.
34. Defendant Leonard Hamm is, and has been since March 14,2005, the Commissioner of the Police Department. Mr. Hamm also served as Interim Commissioner of the Police Department from November 10, 2004, until March 14,2005. In each position, Mr. Hamm has acted and continues to act under color of state law by exercising final policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Hamm is sued in his individual and official capacities.
35. Defendant Marcus L. Brown is, and has been since January 21, 2006, the Deputy Commissioner of the Police Department. In that position, Mr. Brown has acted and continues to act under color of state law by exercising policy-making authority for the Police Department, establishing the duties, conduct, and discipline of officers and other employees, and establishing policies regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Brown is sued in his individual and official capacities.
36. Defendant Kevin Clark was, from January 23, 2003, until November 10,2004, the Commissioner of the Police Department. As Commissioner, Mr. Clark acted under color of state
10

law by exercising final policy-making authority for the Police Department, establishing the

duties, conduct, and discipline of officers and other employees, and establishing policies

regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Clark is

sued in his individual capacity.

37. Defendant Edward T. Norris was, from May 2002 until January 23, 2003, the

Commissioner of the Police Department. As Commissioner, Mr. Norris acted under color of state law by exercising final policy-making authority for the Police Department, establishing the

duties, conduct, and discipline of officers and other employees, and establishing policies

regarding screening, hiring, training, monitoring, and supervision of subordinates. Mr. Norris is

sued in his individual capacity.

38. Defendant Jemini Jones is, and was at times relevant hereto, a Police Department

police officer. As a police officer, he acts and has acted within the scope of his employment and

under color of state law. Mr. Jones is sued in his individual and official capacities.

39. Defendant David A. Crites, Jr., is, and was at times relevant hereto, a Police

Department police officer. As a police officer, he acts and has acted within the scope of his

employment and under color of state law. Mr. Crites is sued in his individual and official

capacities. 40.

Defendant Sgt. Pecha is, and was at times relevant hereto, a Police Department

police officer wearing Badge No. F327. As a police officer, he acts and has acted within the

scope of his employment and under color of state law. Mr. Pecha is sued in his individual and

official capacities.

41. Defendant B. Newkirk is, and was at times relevant hereto, a Police Department

police officer wearing Badge No. FIIO. As a police officer, he acts and has acted within the

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scope of his employment and under color of state law. Mr. Newkirk is sued in his individual and official capacities.
42. Defendant Arnold Jones is, and was at times relevant hereto, a Police Department police officer. As a police officer, he acts and has acted within the scope of his employment and under color of state law. Mr. Jones is sued in both his individual and official capacities.
43. Defendants John Does 1-100 are, and were at times relevant hereto, Police Department police officers. Doe 1, along with Officer Jemini Jones, illegally arrested Plaintiffs Howard and Braxton. Does 2-100 are other police officers who illegally arrested other class members. As police officers, Does 1-100 act and have acted within the scope of their employment and under color of state law. These defendants are sued in their individual and official capacities.
44. By virtue of their employment by Maryland state or local agencies, all of the individual Defendants were acting under color of state law during all relevant times.
VI. ALLEGATIONS OF FACT A. The Experiences of the Individual Plaintiffs
1. The Illegal Arrests and Searches of Plaintiffs Howard and Braxton 45. At approximately 8:30 p.m. on Friday, April 15, 2005, Plaintiff Evan Howard was standing on the sidewalk that runs past his home on Poplar Grove Street in Baltimore, about a block away from his front door, engaging in conversation with Plaintiff Tyrone Braxton and another friend, Correy Alexander. 46. After a few minutes, Defendant Officers Jemini Jones and Doe 1 pulled up behind Braxton's car in an unmarked police cruiser. The plainclothes officers approached the three friends and asked if they had any information about a recent homicide.
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47. The officers then asked Howard, Braxton, and Alexander their ages. After revealing that he was a minor, Alexander was ordered to go home, which he did.
48. Then, without explanation, probable cause, or any legal justification, the officers conducted pat-down searches of Howard and Braxton and placed them under arrest. The arrests were purportedly for loitering and impeding the flow of pedestrian traffic, even though neither Howard nor Braxton had been loitering and the officers had not ordered them to disperse.
49. Officer Jemini Jones tightly bound the young men's hands with plastic handcuffs and placed Howard and Braxton in a vehicle for transport to CBIC.
50. Howard and Braxton arrived at CBIC at about 10:00 p.m., where they waited for approximately an hour to begin the booking process. Upon entering CBIC, they were screened with a metal detector, which showed that neither carried any weapons.
51. At approximately 11 :00 p.m., Howard and Braxton were subjected to humiliating public strip-searches by Defendant Officers Doe A and Doe B. Howard, Braxton, and two other detainees were placed in a holding cell, ordered to remove all of their clothing down to their underpants, face the wall, pull their underpants down to expose their buttocks, and submit to a visual body cavity search.
52. The searches were conducted without probable cause or individualized suspicion that either Howard or Braxton was carrying weapons, drugs, or contraband.
53. Indeed, no contraband was found in the possession of either Howard or Braxton during the search.
54. After the strip search, Howard and Braxton were taken to a small, filthy, and overcrowded cell, where they stayed with about ten other detainees through the night. The cell
13

had no bathroom and was so overcrowded that both Howard and Braxton were forced to sit in uncomfortable positions on filthy floors for long periods of time.
55. At approximately 8:00 a.m. on Saturday, April 16, Howard and Braxton were taken to a slightly larger cell containing about fifteen other detainees. This cell was also filthy and unsanitary. Throughout the day, the number of people in the cell fluctuated, frequently swelling to nearly twenty. Once again, both Howard and Braxton were forced to sit in uncomfortable positions on filthy floors for long periods of time.
56. During their confinement, Howard and Braxton were provided "meals" in their cells three times each day. The meals principally consisted of two slices of bread covering shiny and slimy meat, which Howard and Braxton believed to be spoiled bologna.
57. Braxton was finally released on Sunday, April 17, at 10:00 a.m., after being held at CBIC for 36 hours.
58. Howard was finally released on Monday, April 18, at 4:00 a.m., after being held at CBIC for 54 hours. Howard, far from home and unable to contact anyone to pick him up from CBIC, was forced to walk back to his home in the dark at a dangerous hour of night through unfamiliar streets.
59. Neither Howard nor Braxton was ever prosecuted for any crime or ever brought
before a court commissioner.
2. The Illegal Arrest and Search of Plaintiff Wilson 60. On April 10,2006, Plaintiff Donald 'Vilson was sitting on the front steps of a residence in which his girlfriend and toddler son live. He was visiting them and waiting for his younger brother, Darrell.
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61. While Mr. Wilson was sitting on the steps with two friends, an unmarked police Subaru raced down the street in pursuit of a dirt bike. A crowd of approximately 15 neighbors gathered along the block to watch the chase.
62. Failing to catch the bicyclist, the maroon police Subaru pulled up to the residence and Officer Crites and Sergeant Pecha exited the vehicle. Officer Crites, yelled, "Everybody sit the f**k down!" Everyone in the area obeyed. Wilson, at the time, was already sitting down.
63. The officers began questioning the group of people, asking them where they lived and what they were doing there. Most were patted down and asked to show identification. Wilson provided his identification when requested.
64. Crites questioned Wilson and asked whether Wilson lived there. When Wilson firmly responded in the affirmative, Crites took offense and, in a low tone of voice, threatened to "f**k [him] up."
65. When Wilson responded to this threat, by observing that Crites had whispered his threat rather than stating it aloud in front of witnesses, Crites immediately ordered Wilson to stand up. Wilson asked why, and Crites responded, "Don't f**king say nothing to me," and ordered Wilson to stand up and put his hands behind his back.
66. Wilson complied and asked why he was being arrested. Crites responded, "Don't worry about it. You're going to jail."
67. Wilson asked Crites for his name and badge number. Crites replied, "911." 68. Crites placed metal handcuffs on Wilson and ordered him to sit on the ground. At that time, two marked police cruisers arrived at the scene, and two additional officers exited those vehicles.
15

69. Wilson asked his girlfriend to call his mother, and then he remained calm and quiet.
70. The police began to tell people to leave. After about 15 minutes, Wilson's mother arrived. She politely asked who the officer in charge was. Sgt. Pecha responded that he was in charge. Wilson's mother asked what her son was being detained for. Pecha asked for Wilson's age, and when his mother said, "21," Pecha stated that he did not have to give her any information because Wilson was not a minor. Upon further questioning, Pecha continued to refuse to explain why Wilson was arrested.
71. She therefore went to talk with her son, who explained what had happened. After about two minutes, Pecha came over and told her that she had to leave or she would be arrested. When she asked for Pecha's name and badge number, Pecha ignored her.
72. Crites and Pecha did not have nametags on and their badges were tucked inside their shirts to hide identifying information.
73. Crites put Wilson in the police car and transported him to CBIC at approximately 9:15 p.m.
74. At CBIC, Wilson was taken to a waiting room, where he was ordered to strip down to his boxers and searched by Does C-D. A Latino man next to him in the same room was completely naked.
75. The search was conducted without probable cause or individualized suspicion that Wilson was carrying weapons, drugs, or contraband. Indeed, no contraband was found in his posseSSIOn.
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76. Wilson was finally released from CBIC at around 2:00 a.m. the next morning. He was not allowed to use a phone at CBIC, so he walked to the nearest pay phone to call his mother.
77. Wilson was never prosecuted for any crime or brought before a court commISSIoner.
3. The Illegal Arrests and Searches of Plaintiffs Stoner and Lowery 78. On May 7,2005, Plaintiff Aaron Stoner, Plaintiff Robert Lowery, Walter Medina, Jr., and four other friends and co-workers visited the city of Baltimore to celebrate Stoner's upcoming wedding. After visiting the Inner Harbor, the group of friends left on foot in the early morning hours of May 8 to return to their hotel. 79. While walking back to their hotel, a marked police car containing Defendant Officers Newkirk and Arnold Jones drove past. Newkirk instructed the group to "keep moving," even though the group had not actually paused during the journey. They obeyed and continued to walk back to their hotel. 80. About two minutes later, the same patrol car drove past the group. Medina was the first to see the approaching car, and remarked to Stoner, "Here comes that cop again." 81. Officer Newkirk pulled the car to the side, stopped the car, and exited. Newkirk confronted Medina, the only African-American in the group, demanding, "What did you say, boy?" Before Medina could answer, Newkirk pushed him against a wall. 82. After Newkirk pushed Medina against the wall and began to aggressively question him, Stoner verbally protested. Newkirk then turned toward Stoner and ran at him with his baton fortifying his raised forearm. Defendant Newkirk hit Stoner with such force as to knock Stoner off of his feet.
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83. Newkirk then instructed Stoner and the other five men to "keep walking." Stoner obeyed by getting up and walking to the rest of the group.
84. Newkirk then issued a warning citation for loitering to Medina. 85. Lowery, upset at the police harassment and brutality he had witnessed, then left the group, approached Officers Newkirk and Arnold Jones, and asked for Newkirk's name and badge number. 86. Newkirk refused to answer Lowery's question, but Defendant Arnold Jones responded by placing Lowery under arrest, purportedly for "failure to obey" an order to cease loitering. This arrest was made without probable cause or legal justification. 87. Officers Newkirk and Arnold Jones then drove Lowery down the block to where Stoner, having obeyed Newkirk's earlier order to "keep walking," was walking with his party. The officers then arrested Stoner as well. 88. Stoner's arrest was also purportedly for "failure to obey" an order to cease loitering. This arrest was made without probable cause or legal justification. 89. Stoner and Lowery were both subjected to pat-down searches, which revealed they were carrying no contraband or weapons. 90. Medina, who had been issued a warning citation for loitering, and the other four members of the original group were permitted to continue walking back to the hotel. 91. Stoner and Lowery were transported to CBIC, where they were processed and subjected to another pat-down search that revealed them to be free of contraband and weapons. 92. Despite the negative results of the searches, Defendant Corrections Officers Doe E and Doe F subjected Stoner and Lowery to humiliating public strip searches at CBIC.
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93. Stoner and Lowery, along with two other detainees, were ordered to strip to their underpants while the officers conducted the search.
94. The searches were conducted without probable cause or individualized suspicion that either Stoner or Lowery was carrying weapons, drugs, or contraband.
95. Indeed, no contraband was found in the possession of either Stoner or Lowery during the search.
96. Both Stoner and Lowery were held in small, filthy, and overcrowded cells that were packed with other detainees. Both Stoner and Lowery were forced to sit or crouch in uncomfortable positions on filthy floors for long periods of time because of the overcrowded conditions.
97. Stoner and Lowery were released from CBIC at approximately 8:00 p.m. on May 8, after being detained for 17 hours.
98. Neither Stoner nor Lowery was ever prosecuted for any crime or brought before a court commissioner. B. The Police Department's Illegal Practices
99. The experiences of these individual plaintiffs are not unique. They stem from a broader policy and practice by the Police Department of arresting persons without probable cause in order to satisfy performance goals and to show progress in fighting crime by means of high arrest numbers.
100. Under the direction and oversight of the Commissioner and Deputy Commissioner, the Police Department has used a "performance evaluation system" that demands that officers make a large number of arrests, regardless of the number or success of resulting prosecutions. Each patrol officer is required to tally his enforcement statistics, including citations and arrests. These numbers are then compared to averages from that officer's squad
19

and shift. The three officers in each district with the lowest scores are subject to reassignment to other districts.
101. Police officers generally disfavor reassignment because it can greatly disrupt their personal and professional lives.
102. Upon information and belief, the Police Department has a policy by which no automatic disciplinary action is taken against a police officer if a plaintiff succeeds in a civil case challenging the conduct of the officer.
I03. Upon information and belief the Police Department has no practice of reviewing arrests to see whether they result in successful prosecutions, nor of reviewing arrest reports in those cases that are not prosecuted to determine whether officers had sufficient probable cause for the arrest or charge.
104. These policies create perverse incentives for police officers by rewarding those officers who arrest innocent bystanders and punishing those who respect their obligations to the City and the public.
I05. These perverse incentives are unavoidable because, under the "performance evaluation system," all arrests are counted-even those made with no basis for probable cause.
106. Thus, under this system, an officer will not be reassigned even if every single one of his arrests is made without probable cause, so long as his volume of arrests is not among the three lowest in his district. By contrast, a different officer whose volume of arrests is the third lowest in his district will be reassigned even if all of his arrestees were convicted.
107. The system therefore encourages all officers to make as many arrests as possible, regardless of their justification, to avoid transfer.
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108. As confirmation, State's Attorney Patricia Jessamy stated at a public legislative hearing on January 4, 2006, that the Police Department routinely and increasingly arrests people without probable cause.
109. To exacerbate matters, the Police Department, its Commissioner, its Deputy Commissioner, the Mayor, and the City, which all are (and were, at all times relevant to this lawsuit) aware of the Police Department's pattern and practice of illegal arrests, have failed to take adequate steps to abate the pattern and practice,. despite their authority to do so. They have failed to train and supervise police officers adequately. They have not properly encouraged arrests based on probable cause. They have affirmatively encouraged overly aggressive and unlawful police tactics, by directing supervisors to ensure that officers keep arrest numbers up, in the belief that a high number of arrests will keep the crime rate down, regardless of the quality of those arrests. In short, they have made the unconstitutional and illegal conduct worse. C. Grading the Police Department
110. Due to the policies and practices described above, the Baltimore Police Department has severe police accountability problems.
111. Baltimore City State's Attorney's Office Annual Statistical Reports indicate that, in 2005, the Police Department arrested 76,497 individuals without warrants. Prosecutors
declined to charge 25,293 of the arrestees. Thus, during 2005, three out ofevery ten people
arrested without warrants in Baltimore City were not prosecuted, based solely on a review of the charging documents by the State's Attorney, prior to any involvement by a defense attorney or any decision by a court commissioner or judge. The State's Attorney has publicly stated that prosecutors declined to charge about 30% of the arrestees in 2005 because, in the State's view, the case was "legally insufficient."
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112. In 2005, prosecutors indicated that they could not prove charges against 7,510 people arrested for loitering, impeding, or obstructing pedestrian traffic during that year. Those arrests account for nearly 10% of all warrantless arrests in Baltimore for that year.
113. During 2005, prosecutors indicated that they could not prove charges against 1,832 persons arrested for trespassing and 1,650 persons arrested for disorderly conduct/failure to obey/disturbing the peace. Together, these arrests account for nearly another 5% of all warrantless arrests in Baltimore for that year.
114. Thus, prosecutors indicated that they could not prove charges against those persons arrested for often vague "quality of life" offenses in 2005, which amounted to nearly 15% of the persons arrested without a warrant during that year. D. The Effects of the Police Department's Arrest Policy on CBIC
115. The Police Department's pattern and practice of encouraging large numbers of illegal arrests causes a backlog at CBIC that leads CBIC to perform unconstitutional strip searches and to subject arrestees to overcrowded conditions and extended detentions.
116. CBIC was designed to handle about 60,000 bookings each year and to accommodate 895 arrestees at anyone time. Because of the Police Department's arrest policies, it now handles more than 100,000 bookings each year and regularly holds more than 1,200 arrestees at anyone time. Defendant Smith has characterized the problems at CBIC as a "systems overload." The overcrowding at CBIC has led to two distinct problems.
117. First, CBIC regularly subjects all male arrestees to public strip searches, without individualized suspicion and regardless of the arrestees' charges. Often, these strip searches are humiliating, non-private body cavity searches. Most of these searches are not reasonably related to any legitimate security interest or to any reasonable suspicion of concealed contraband.
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118. Second, the backlog causes CBIC to delay, in some cases, presentment of arrestees beyond the twenty-four hour maximum established in Maryland Rule 4-212(f). In some cases, detainees have been held at CBIC more than forty-eight hours before presentment. CBIC makes no adequate effort to structure its systems so that it can timely process all detainees even though CBIC officials are aware of its deficiencies. Indeed, a consultant's report to the State in October 2005 stated that "no one [is] in charge" of ensuring the prompt processing of detainees at CBIC.
119. The Warden, Commissioner of Pretrial Services, Secretary, and State condone, affirmatively encourage, or knowingly fail to address these two policies and practices at CBIC, despite their responsibility to address them through proper training, supervising, monitoring, and disciplining of staff or through the formulating, implementing, and executing of appropriate policies. E. The Effects of the Police Department's Arrest Policy on the Arrestees.
120. These illegal arrests, searches, and detentions traumatize arrestees. 121. Individuals who are illegally arrested suffer humiliation and degradation when they are being dragged away in handcuffs in front of their friends, family, or neighbors. The stigma of being illegally arrested can follow an arrestee for years, in part because those who know an arrestee are unlikely to forget the sight of the arrestee being hauled away in handcuffs in the back of a police car. 122. At CBIC, innocent arrestees are subjected to dehumanizing and humiliating public strip searches that involve stripping down to underwear, pulling down the underwear, and-often-submitting to a visual body cavity search. The searches are performed in public view and alongside other detainees. The victims of such unwarranted invasions of privacy are humiliated, degraded, and stigmatized.
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123. An individual who is arrested is often physically harmed or threatened while detained at CBIC. And the threat does not just come from other arrestees. In May 2005, a detainee was beaten to death by guards at the CBIC. In the wake of that incident, eight CBIC guards were fired and the FBI has opened an investigation. The detainee's death was classified as a homicide.
124. While detained at CBIC, an arrestee is held in filthy and overcrowded conditions with numerous other arrestees. Cells are often so crowded that arrestees are forced to sleep on the floor. In some cases, the cells are so crowded that inmates must sit or crouch in uncomfortable positions on unsanitary floors for hours at a time. The "meals" are inedible.
125. An individual who is illegally arrested also suffers the loss of his liberty for hours or days. Such detention can result in a detainee losing his job when he fails to appear at work and may also harm relations with family if an individual is unable to meet family obligations while illegally detained.
126. The presence of an arrest record, even if the arrestee is "released without charge," can follow an individual for years, making it difficult to obtain jobs, housing, or any other opportunity that may require a criminal background check.
127. Moreover, it is virtually impossible for an arrestee to get the record of his arrest expunged unless he either (a) waives his right to sue the City or State entities responsible for his arrest and detention or (b) brings a lawsuit against the City or State-a process that can take years and can cost thousands of dollars. Thus, these illegal arrests force arrestees into a Hobson's choice of either submitting to the illegal arrest or being saddled with an arrest record that can eliminate professional opportunities for years.
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128. For confinned criminals, the prospect of spending hours or days in Central Booking, while unpleasant, is a cost of doing business, and does nothing to deter them from their unlawful behavior or to make Baltimore safer. For innocent victims of these arrest practices, however, being unlawfully arrested can be a life-changing event. F. The City's and the Police Department's Response
129. Despite these stories and statistics, the City and Police Department make no apologies.
130. In response to repeated and persistent complaints by public officials, Baltimore community leaders, and community groups with regard to this ongoing pattern of unlawful arrests, the City and the Police Department have consistently refused to acknowledge that a problem exists.
131. Moroever, Mayor and Defendant O'Malley has consistently refused to acknowledge that such a problem exists.
132. At a community forum designed to address police practices on January 4,2006, Mayor and Defendant O'Malley proposed eliminating oversight by the State's Attorney's Office of individuals arrested by the Police Department.
133. Eliminating the oversight by the State's Attorney's Office would obviously fail to have any effect on the number of illegal arrests. Such a proposal would succeed at one thing, however - it would hide from the public the thousands of illegal arrests made by the Police Department without probable cause.
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VII. CLASS ALLEGATIONS 134. Pursuant to Rule 2-231 of the Maryland Rules of Procedure, Plaintiffs Howard,
Braxton, Wilson, Stoner, and Lowery move the Court to declare and certify a class of individuals, as described below.
135. The class is composed of arrestees who were (1) arrested by the Police Department without probable cause and (2) released without charges after being booked at CBIC. The class seeks injunctive, declaratory, and other equitable relief only.
136. The class is so numerous that joinder of all members would be impracticable. More than 21,000 individuals were arrested and released without charges after booking in Baltimore during the period from April 2004 to March 2005 alone. Upon information and belief, most of these 21,000 individuals were arrested without probable cause. Joinder of thousands of class members would be impracticable.
137. Numerous questions of law and fact are common to the class, including the following:
a. Whether the Police Department has a policy and practice of arresting persons without probable cause
b. Whether such a policy and practice violates the Fourth and Fourteenth Amendments to the U.S. Constitution, and Articles 24 and 26 of the
Maryland Declaration of Rights;
c. Whether the Police Department encourages illegal arrests by punishing officers who make fewer arrests than their colleagues or by rewarding officers who make more arrests than their colleagues, regardless of the outcome of those arrests;
d. Whether such policy violates the Fourth and Fourteenth Amendments to the U.S. Constitution, and Articles 24 and 26 of the Maryland Declaration of Rights;
e. Whether Defendants were deliberately indifferent to the rights of arrestees; and
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f.

What nature and scope of equitable relief is warranted by Defendants'

conduct.

138. The claims of the individual Plaintiffs are typical of the claims of the class. Each

of the individual Plaintiffs was (1) arrested by the Police Department without probable cause and

(2) released without charges after being booked at CBIC.

139. The individual Plaintiffs will fairly and adequately protect the interests of the

members of the class and have retained counsel who are competent and experienced in complex

class action and civil rights litigation. The Plaintiffs have no interests that are contrary to or that

conflict with those of the class.

140. Defendants the State, Secretary Saar., Commissioner Smith, Warden Franks, the

City, the Police Department, Mayor O'Malley, Commissioner Hamm, and Deputy Commissioner

Brown have acted or refused to act on grounds that are generally applicable to the class, thereby

making appropriate final injunctive relief or corresponding declaratory relief with respect to the

class as a whole.

141. The Plaintiffs know of no difficulty that will be encountered in the management

of this litigation that would preclude its maintenance as a class action, and the class action is

superior to any other available means to resolve the issues raised on behalf of the class.

VIII. CAUSES OF ACTION
A. Count I: Facial and As Applied Challenge to the Loitering Ordinance under the First, Fourth, and Fourteenth Amendments to the U.S. Constitution and Articles 19, 26, and 40 of the Maryland Declaration of Rights
142. This Count incorporates all of the other allegations in this Complaint.
143. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson,
Lowery, and Stoner and the NAACP against the City.

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144. This is an "as applied" challenge to the enforcement of the Loitering Ordinance, Baltimore, Md., Police Ordinances art. 19, § 25-1 (2005). In the alternative, it is a facial challenge to the Loitering Ordinance itself.
145. The Police Department has interpreted the Loitering Ordinance incorrectly to allow arrests of persons engaged in no wrongdoing merely for standing on the public sidewalks. By arresting persons merely for standing, the Police Department has effectuated a policy of arrests without probable cause that a violation of the Loitering Ordinance has occurred in
violation of the Fourth Amendment to the u.s. Constitution and Article 26 of the Maryland
Declaration of Rights. 146. In the alternative, if the Police Department correctly interprets the Loitering
Ordinance to permit an arrest when an innocent bystander merely is standing on a public sidewalk, the Loitering Ordinance is unconstitutional on its face as a violation of the First and Fourteenth Amendments to the U.S. Constitution, and Articles 19 and 40 of the Maryland Declaration of Rights. B. Count II: Fourth and Fourteenth Amendment Violations for
Unconstitutional Arrests under Section 1983 147. This Count incorporates all of the other allegations in this Complaint. 148. This Count is brought by the individual Plaintiffs, the class, and the NAACP against the City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy Commissioner Brown, Clark, Norris, and Officers lemini Jones, Crites, Pecha, Newkirk, Arnold lones, and Does 1-100. 149. Defendants O'Malley, Hamm, Brown, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, and Does 1-100 are "persons" within the meaning of 42 U.S.c. § 1983.
28

150. The Defendants violated or caused the violation of the constitutional rights of the individual Plaintiffs and of the class members.
151. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, and Does 1-100 directly violated the constitutional rights of the individual Plaintiffs by arresting them without probable cause and under an illegal pattern and practice.
152. The City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy Commissioner Brown, Clark, and Norris caused these and other similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice.
153. The City, Mayor O'Malley, the Police Department, Commissioner Hamm, and Deputy Commissioner Brown will continue to cause similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice in the future.
154. It is clearly established now and was clearly established at the time of their actions that the conduct, patterns, and practices of the Defendants violate the Fourth and
Fourteenth Amendments to the u.s. Constitution.
155. As an actual and proximate result of Defendants' conduct, patterns, and practices, Plaintiffs and the class members suffered damages.
156. In addition, because the conduct, patterns, and practices are ongoing, it is likely that Plaintiffs, class members, and NAACP members will suffer damages as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. C. Count III: Fourth and Fourteenth Amendment Violations for
Unconstitutional Strip Searches under Section 1983 157. This Count incorporates all of the other allegations in this Complaint. 158. This Count is brought by the individual Plaintiffs and the NAACP against Secretary Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-F in their
29

individual capacities. In addition, Defendants Saar, Smith, and Franks are sued in their official capacity for declaratory and prospective injunctive relief. These defendants are therefore "persons" within the meaning of 42 US.c. § 1983.
159. The Defendants violated or caused the violation of the constitutional rights of the individual Plaintiffs.
160. Officer Does A-F directly violated the constitutional rights of the individual Plaintiffs by conducting indiscriminate, non-private, visual strip searches of them, without probable cause or individualized suspicion to believe they possessed weapons or contraband.
161. The policy of strip searching, without individualized suspicion, every person arrested for loitering or other "quality of life" offenses is not necessary to protect officer safety, to preserve evidence, or to ensure prison security.
162. Secretary Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to the individual Plaintiffs' legal rights, established, implemented, enforced, or failed to remedy an illegal and unconstitutional policy and practice at CBIC of conducting indiscriminate, non-private, visual strip searches of persons temporarily detained at the center, without probable cause or individualized suspicion to believe the detainees possessed weapons or contraband.
163. It is clearly established now and was clearly established at the time of their actions that the conduct, patterns, and practices of the Defendants violate the Fourth and Fourteenth Amendments to the U.S. Constitution.
164. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
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165. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the individual Plaintiffs and NAACP members will suffer damages as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. D. Count IV: Fourth and Fourteenth Amendment Violations for
Unconstitutional Overdetentions under Section 1983 166. This Count incorporates all of the other allegations in this Complaint. 167. This Count is brought by Plaintiffs Howard and Braxton against Secretary Saar, Commissioner Smith, Warden Franks, and Murphy. In this Count, these Defendants are sued in their individual capacities only. They are therefore "persons" within the meaning of 42 US.c. § 1983. 168. The Defendants violated or caused the violation of the constitutional rights of Plaintiffs Howard and Braxton. 169. Secretary Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to Howard's and Braxton's legal rights, established, implemented, enforced, condoned, and failed to remedy the conduct, pattern, and practice at CBIC of holding detainees for more than twenty-four hours without charges, presentment, or release. 170. It was clearly established at the time of their actions that such conduct, patterns, and practices violated the Fourth and Fourteenth Amendments to the U.S. Constitution. 171. As an actual and proximate result of Defendants' conduct, pattern, and practice, Plaintiffs Howard and Braxton suffered damages. E. Court V: Common Law Claim for Violations of Article 26 of the Maryland Declaration of Rights for Unconstitutional Arrests 172. This Count incorporates all of the other allegations in this Complaint. 173. This Count is brought by the individual Plaintiffs, the class, and the NAACP against the City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy
31

Commissioner Brown, Clark, Norris, and Officers lemini lones, Crites, Pecha, Newkirk, Arnold lones, and Does 1-100.
174. A common-law private cause of action exists to remedy Maryland constitutional violations through both injunctive relief and money damages.
175. Officers lemini lones, Crites, Pecha, Newkirk, Arnold lones, and Does 1-100 directly violated the constitutional rights of the individual Plaintiffs and the class members by arresting them without probable cause and under an illegal pattern and practice.
176. The City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy Commissioner Brown, Clark, and Norris caused these and other similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice.
177. The City, Mayor O'Malley, the Police Department, Commissioner Hamm, and Deputy Commissioner Brown will continue to cause similar constitutional violations by implementing, following, or failing to remedy the illegal pattern or practice in the future.
178. The Defendants' conduct, patterns, and practices violate Article 26 of the Maryland Declaration of Rights.
179. Their conduct, patterns, and practice.s were made with malice, ill will, improper motive, and gross negligence.
180. As an actual and proximate result of Defendants' conduct, patterns, and practices,
the individual Plaintiffs and the class members suffered damages. 181. In addition, because the conduct, patterns, and practices are ongoing, it is likely
that the individual Plaintiffs, the class members, and NAACP members will suffer harm as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future.
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F. Count VI: Common Law Claim for Violations of Article 26 of the Maryland Declaration of Rights for Unconstitutional Strip Searches 182. This Count incorporates all of the other allegations in this Complaint. 183. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Stoner,
Lowery, and the NAACP against the State, Secretary Saar, Commissioner Smith, Warden Franks, Murphy, and Officer Does A-F.
184. Officer Does A-F directly violated the constitutional rights of the individual Plaintiffs by conducting indiscriminate, non-private, visual strip searches of them, without probable cause or individualized suspicion to believe they possessed weapons or contraband.
185. The State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to the legal rights of Plaintiffs Howard, Braxton, Stoner, and Lowery, established, implemented, enforced, or failed to remedy an illegal and unconstitutional policy and practice at CBIC of conducting indiscriminate, non-private, visual strip searches of persons temporarily detained at the center, without probable cause or individualized suspicion to believe the detainees possessed weapons or contraband.
186. The conduct, patterns, and practices of strip searching without individualized suspicion every arrestee brought to CBIC is not necessary to protect officer safety, to preserve evidence, or to ensure prison security.
187. The Defendants' conduct, patterns, and practices were made with malice, ill will, improper motive, and gross negligence.
188. Such conduct, patterns, and practices violate Article 26 of the Maryland Declaration of Rights.
189. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages.
33

190. In addition, because the conduct, patterns, and practices are ongoing, it is likely that the Plaintiffs and NAACP members will suffer hann as an actual and proximate result of similar unconstitutional conduct, patterns, and practices in the future. G. Count VII: Common Law Claim for Violations of Article 24 of the Maryland
Declaration of Rights for Unconstitutional Overdetentions 191. This Count incorporates all of the other allegations in this Complaint. 192. This Count is brought by Plaintiffs Howard and Braxton against the State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy. 193. A common-law private cause of action exists to remedy Maryland constitutional violations through both injunctive relief and money damages. 194. The Defendants violated or caused the violation of the constitutional rights of Plaintiffs Howard and Braxton. 195. The State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy, with deliberate indifference to Howard's and Braxton's legal rights, established, implemented, enforced, or failed to remedy the illegal and unconslCitutional conduct of holding detainees for more than 24 hours at CBIC without charges, presentment, or release. 196. The Defendants acted with malice, ill will, improper motive, and gross negligence. 197. Such conduct violated Rule 4-212(f) and Article 24 of the Maryland Declaration of Rights. 198. As an actual and proximate result of Defendants' conduct, Plaintiffs Howard and Braxton suffered damages. H. Count VIII: Common Law Claim for False Imprisonment and False Arrest 199. This Count incorporates all of the other allegations in this Complaint.
34

200. This Count is brought by the individual Plaintiffs Howard, Braxton, Stoner, and Lowery, the class, and the NAACP against the State, Secretary Saar, Commissioner Smith, Warden Franks, Murphy, the City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy Commissioner Brown, Clark, Norris, and Officers lemini lones, Crites, Pecha, Newkirk, Arnold lones, and Does 1-100.
201. The City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy Commissioner Brown, Clark, Norris, and Officers lemini Jones, Crites, Pecha, Newkirk, Arnold Jones, and Does 1-100 have deprived these individual Plaintiffs and the class members of liberty without consent or legal justification by causing them to be arrested without probable cause.
202. In addition, the State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy have deprived Plaintiffs Howard and Braxton of liberty without consent or legal justification by causing them to be detained at CBIC for longer than 24 hours without presentment, charges, or release.
203. The individual Defendants acted with actual malice, ill will, improper motive, and gross negligence.
204. As an actual and proximate result of Defendants' conduct, the individual Plaintiffs
and the class members suffered damages.
205. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs, the class members, and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future. I. Count IX: Assault and Battery for the Illegal Arrests
206. This Count incorporates all of the other allegations in this Complaint.
35

207. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, and Lowery, the NAACP, and the class against the City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy Commissioner Brown, Clark, Norris, and Officers lemini lones, Crites, Pecha, Newkirk, Arnold lones, and Does 1-100.
208. Officers lemini lones, Crites, Pecha, Newkirk, Arnold lones, and Does 1-100 unlawfully attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs and class members by using physical force to illegally arrest them.
209. Officers lemini lones, Crites, Pecha, Newkirk, Arnold lones, and Does 1-100 acted with actual malice, ill will, and improper motive towards the individual Plaintiffs and class members.
210. The City, Mayor O'Malley, the Police Department, Commissioner Hamm, Deputy Commissioner Brown, Clark, and Norris are vicariously liable for the officers' tortious conduct.
211. In addition, by facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the City, Mayor O'Malley, the Police Department, Commissioners Hamm, Deputy Commissioner Brown, and Clark have attempted to cause, and succeeded in causing, a harmful or offensive contact with the individual Plaintiffs, the class members, and NAACP members, namely, the use of physical force to illegally arrest them.
212. O'Malley's, Hamm's, Brown's, Clark's, and Norris's actions or omissions were made with malice, ill-will, improper motive, and gross negligence.
213. As an actual and proximate result of Defendants' conduct, the individual Plaintiffs and the class members suffered damages.
36

214. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs, the class members, and NAACP members will suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future. J. Count X: Assault and Battery for Illegal Strip Searches
215. This Count incorporates all of the other allegations in this Complaint. 216. This Count is brought by individual Plaintiffs Howard, Braxton, Wilson, Stoner, and Lowery against the State, Secretary Saar, Commissioner Smith, Warden Franks, Murphy, and Does A-F. 217. Officer Does A-F unlawfully attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs by using physical force to conduct suspicionless strip searches of them at CBIC. 218. Does A-F acted with actual malice, ill will, and improper motive towards the individual Plaintiffs. 219. The State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the acts and omissions of their employees. 220. In addition, by facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy have attempted to cause, and succeeded in causing, harmful or offensive contacts with the individual Plaintiffs, namely, the use of physical force to conduct suspicionless strip searches of them at CBIC. 221. Saar's, Smith's, Franks's, and Murphy's actions or omissions were made with malice, ill will, improper motive, and gross negligence.
37

222. As an actual and proximate result of Defendants' conduct, patterns, and practices, the individual Plaintiffs suffered damages. K. Count XI: Negligence for Illegal Strip Searches
223. This Count incorporates all of the other allegations in this Complaint. 224. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, and Lowery against the State, Secretary Saar, Commissioner Smith, Warden Franks, Murphy, and Does A-F. 225. Officer Does A-B owed a duty of care to Plaintiffs Howard and Braxton. Officer Does C-D owes a duty of care to Plaintiff Wilson. Officer Does E-F owed a duty of care to Plaintiffs Stoner and Lowery. 226. Officer Does A-F breached their duty of care by conducting suspicionless strip searches of the individual Plaintiffs at CBIC. 227. Does A-F also acted with gross negligence towards the individual Plaintiffs. 228. The State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the negligence or gross negligence of their employees. 229. In addition, by facilitating or failing to abate the known pattern and practice of illegal strip searches without individualized suspicion at CBIC, the State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy have breached a duty of care, which they owed to the individual Plaintiffs. 230. As an actual and proximate result of Defendants' negligence, the individual Plaintiffs suffered damages. L. Count XII: Invasion of Privacy for the Illegal Arrests 231. This Count incorporates all of the other allegations in this Complaint.
38

232. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, and Lowery, the class, and the NAACP against the Police Department, the City, O'Malley, Hamm, Brown, Clark, Norris, Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, and Does 1-100.
233. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, and Does 1-100 intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs and the class members by illegally arresting them and using physical force against them without probable cause.
234. Officers Jemini Jones, Crites, Pecha, Newkirk, Arnold Jones, and Does 1-100 also acted with actual malice, ill will, improper motive, and gross negligence towards the individual Plaintiffs and class members.
235. The Police Department, City, O'Malley, Hamm, Brown, Clark, and Norris are vicariously liable for the tortious conduct of their employees.
236. In addition, by purposefully facilitating or failing to abate the known pattern and practice of illegal arrests without probable cause, the Police Department, City, O'Malley, Hamm, Brown, Clark, and Norris have intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs and class members.
237. O'Malley's, Hamm's, Brown's, Clark's, and Norris's actions or omissions were made with malice, ill-will, improper motive, and gross negligence.
238. As an actual and proximate result of Defendants' tortious conduct, the individual Plaintiffs suffered damages.
239. In addition, because the conduct, patterns, and practices of illegal arrests are ongoing, it is likely that the individual Plaintiffs, the class members, and NAACP members will
39

suffer damages as an actual and proximate result of similar conduct, patterns, and practices in the future. M. Count XIII: Invasion of Privacy for the Illegal Strip Searches
240. This Count incorporates all of the other allegations in this Complaint. 241. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, and Lowery against the State, Secretary Saar, Commissioner Smith, Warden Franks, Murphy, and Does A-F. 242. Officer Does A-F intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs by conducting suspicionless strip searches of them at CBIC. 243. Does A-F also acted with actual malice, ill will, improper motive, and gross negligence towards the individual Plaintiffs. 244. The State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy are vicariously liable for the tortious conduct of their employees. 245. In addition, by purposefully facilitating or failing to abate the known pattern and practice of illegal strip searches without individualized suspicion at CBIC, the State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy have intentionally and unreasonably intruded upon the seclusion of the individual Plaintiffs. 246. Saar's, Smith's, Franks's, and Murphy's actions or omissions were made with malice, ill will, improper motive, and gross negligence. 247. As an actual and proximate result of Defendants' tortious conduct, the individual Plaintiffs suffered damages. N. Count XIV: Negligent Supervision and Training for the Illegal Strip Searches 248. This Count incorporates all of the other allegations in this Complaint.
40

249. This Count is brought by the individual Plaintiffs Howard, Braxton, Wilson, Stoner, and Lowery against the State, Secretary Saar, Commissioner Smith, Warden Franks, and Murphy.
250. The State, Saar, Smith, Franks, and Murphy owed a duty to the individual Plaintiffs to properly supervise and train their employee corrections officers not to strip search detainees without individualized suspicion.
251. However, by purposefully facilitating or failing to abate the known pattern and practice of routine strip searches of male detainees, the State, Saar, Smith, Franks, and Murphy knew or should have known that their employee corrections officers would conduct such strip searches without individualized suspicion.
252. This conduct constituted and continues to constitute negligence or gross negligence.
253. As an actual and proximate result of Defendants' negligence, the individual Plaintiffs suffered damages.
IX. JURY D:EMAND 254. Plaintiffs demand a jury trial on all such triable issues.
x. RELIEF
WHEREFORE, on Counts I through XIV, the Plaintiffs respectfully request that this Court grant the following relief:
A. Declare that the action brought as a class action may be maintained as a class action pursuant to Maryland Rule 2-231 and certify the class with the named Plaintiffs as the class representatives and with current counsel as class counsel;
B. Declare that Defendants' acts alleged above violate the Fourth and the Fourteenth Amendments to the U.S. Constitution;
41

C. Declare that the Baltimore anti-loitering ordinance is unconstitutional on its face and as applied, pursuant to the First, Fourth, and Fourteenth Amendments to the U.S. Constitution and Articles 24, 26, and 40 of the Maryland Declaration of Rights;
D. Declare that Defendants' acts alleged above violate Articles 24 and 26 of the Maryland Declaration of Rights;
E. Pennanently enjoin Defendants from pursuing the course of conduct complained herein;
F. Award the individual Plaintiffs compensatory and consequential damages in an amount to be determined by a jury;
G. Award the individual Plaintiffs punitive damages against the individual defendants in their individual capacities only in an amount to be determined by a JUry;
H. Order the expungement of arrest records for the individual Plaintiffs;
1. Award all Plaintiffs attorneys' fees and costs incurred in bringing this action pursuant to 42 U.S.c. § 1988; and
1. Grant such other relief as this Court deems just and proper.

Dated: June 14,2006

Respectfully Submitted,
~kcd-d~ ~A.Jeon
David R. Rocah
AMERICAN CIVIL LIBERTIES UNION OF MARYLAND FOUNDATION 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 Phone: (410) 889-8555 Fax: (410) 366-7838

Mitchell A. Karlan Wayne A. Schrader Daniel A. Cantu Scott Dodson Jan M. Geht

42

Jason E. Morrow GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue N.W. Washington, District of Columbia 20036 Telephone: (202) 955-8500 Facsimile: (202) 467-0539 Attorneys for Plaintiffs
43

Circuit Court for _ _ _-j."'-'6'--'A...>..=L:......-r'---I_rv1-'-o"'-'-~.:.:.;:_,-=,~C~I'7:':-·-1-1_ _ _ _ _ _ _ _ _ _ __
City or County

CIVIL-NON-DOMESTIC CASE INFORMATION REPORT

Directions:

Plaintiff: This Information Report must be completed and attached to the complaintfiled with the Clerk of

Court unless your case is exemptedfrom the requirement by the Chief Judge ofthe Court ofAppeals pursuant to

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THIS INFORMATION REPORT CANNOT BE ACCEPTED AS A'V A'VSWER OR RESPONSE,

}!l FORM FILED BY:

PLAINTIFF D DEFENDANT

CASE NUMBER: _____.________~~__~__

- b. I CASE
JURY

NAME: ~15f?/t:.i.'p~_.:...4-rJ}ACff.L'j/l(#~-,- v

J
DEMAND:

~Yes .Plamnff [] No '~l

~ c:r. Anticipated

le-n-gLtIhjo~fwt.ri.aal::.~DeLfe£_niln_t;;hLo'udrfs{oLr]~:(C:le2_d<CI tTo £dIn-a"'rLyt)fs "'dde;"'l.,ll~I.

RELATED CASE PEND G? LJ Yes

No If yes, Case #(s), ifknown: ____~____~~____~____~__~

Special Req uirements? EJ

Interpre;er/communication impairment

Which language___~~~~~~__

(Attach Form 1-332 if Accommodation or Interpreter Needed)

Which dialect

D

ADA accommodation:- - - - - - - - - - - - - - - - - - - - - - - - -

NATURE OF ACTION
(CHECK ONE BOX)

DAMAGES/RELIEF

TORTS

LABOR

[] Motor Tort

[JJ Workers' Compo

CJ Premises Liability

Cl Wrongful Discharge

c:J Assault & Battery

CI EEO

[] Produc t Liability

CI Other

01 Professional Malpractice

CONTRACTS

0 Wrongful Death

[] Insurance

B Business & Commercial CI Confessed Judgment

LIJ Libel & Slander

[:J Other

IJ False Arrest/Imprisonmen

REAL PROPERTY

[] Nuisance

(] Judicial Sale

EJ Toxic Torts

D Condemnation

[] Fraud

[J Landlord Tenant

EI Malicious Prosecution

[] Other

[:J Lead Paint
a Asbestos

E OTHER Civil Rights

[] Other

CI Environmental

A. TORTS

Actual Damages

o Under $7,500

o Medic al Bills

[] $7,500 - $50,000

$- - - - - - - - -

[J $50,000 - $100,000 D Property Damages

)!!f.Dver $100,000

$- - - - - - - - - [J Wage Loss

$- - - - - - - - - - - -

B. CONTRACTS C. NONMONETARY

CI Under $10,000 ~Dec\aratory Judgment

(] $10,000 - $20,000 ~njunction

CI Over $20,000

[J Other

--------------

[] ADA
EJ Other

AL TERNATIVE DISPlTE RESOLUTION INFORMA TION

Is this case app ropriate fO~ferral to an A DR pro cess under Md. Rule 17 -1 01? (Che ck all that app Iy)

A, Mediation

Yes Ll No

C. Settlement Conference ft.Yes (] No

B, Arbitration [] Yes DNo

D. Neutral Evaluation

[:J Yes Cl No

TRACK REQ UEST

With the exception of Baltimore County and Baltimore City, please fill in the estimated LENG TH 0 F TRIAL. THIS

CASE WILL THEN BE TRA CKED A CCORDINGL Y.

[] 1'2 day of trial or less [] I day of trial time

01 3 days of trial time
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[:J 2 days oftrial time

PLEASE SEE PAGE TWO OF THIS FORM FOR INSTRUCTIONS PERTAINING TO THE BUSINESS AND

TECHNOLOGY CASE MANAGEMENT PROGRAM AND ADDITIONAL INSTRUCTIONS IFYOU ARE

FILING YOUR COMPLAINTIN BALTIMORE COUNTY, BALTIMORE CITY, OR

-----'k..~-=fJ.-:.-~~~~~-- PRINCE GEORGE'S COUNTY.

1

Date~ L,57 :7-CO& Signature

Effective January 1, 2003

Page 1 of 2

BUSINESS AND TECHNOLOGY CASE MANAGEMENT PROGRAM

For all jurisd ictions, if Business and Technology track designation under Md. Rule 16-205 is requested, attach a duplicate copy of complaint and check one afthe tracks below.

o
Expedited Trial within 7 months of
Defendant's response

CJ
Standard Trial - 18 months of Defendant's response

Cl EMERGENCY RELIEF REQUESTED _ _ _._ _ _ _ _ _ _ _ _ _ __

Signature

Date

IF YOU ARE FILING YOUR COMPLAINT IN BALTllI,WRE COUNTY, BALTIMORE CITY, OR PRINCE GEORGE'S COUNTY PLEASE FILL OUT THE APPROPRIATE BOX BELOW.
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[] Expedited

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Cl Standard -Short

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and under $50,000, and contract claims over $20,000.

'b(Standard-Complex Trial 18 months from Defendant's response. Includes complex cases requiring prolonged

/'

discovery with actual damages in excess of $50,000.

o Lead Paint

Fill in: Birthdate of younges: plaintiff ___________ .

g Asbestos

Events and deadlines set by mdividual judge.

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Effective January 1,2003

Page 2 0 f 2

 
 Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 1 of 47
CASREF,CLOSED,STAYED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06−cv−01863−CCB

Maryland State Conference of NAACP Branches et al v.

Date Filed: 07/21/2006

Baltimore City Police Department et al

Date Terminated: 06/29/2010

Assigned to: Judge Catherine C. Blake

Jury Demand: Plaintiff

Case in other court: Circuit Court for Baltimore City, Maryland, Nature of Suit: 440 Civil Rights: Other

24−C−06−005088 OT

Jurisdiction: Federal Question

Cause: 28:1441 Petition for Removal− Civil Rights Act

Plaintiff

Maryland State Conference of NAACP Branches

represented by Bennett B Borden Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12029558500 Fax: 12025309687 Email: bborden@gibsondunn.com ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 2029558690 Fax: 12025309661 PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Ste 300 Washington, DC 20036 12028873579 Fax: 12024670539 Email: dwharwood@gibsondunn.com TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah ACLU of Maryland 3600 Clipper Mill Rd, #350 Baltimore, MD 21211 14108898555 Fax: 14103667838 Email: rocah@aclu−md.org ATTORNEY TO BE NOTICED

Deborah A Jeon American Civil Liberties Union of Maryland Foundation 3600 Clipper Mill Rd Ste 350 Baltimore, MD 21211 14108898555 Fax: 14103667838 Email: jeon@aclu−md.org ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 2 of 47
Washington, DC 20036 12028873782 Fax: 12025304224 Email: ekochtitzkyjacques@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson Ballard Spahr LLP 4800 Montgomery Ln Seventh Fl Bethesda, MD 20814 13016646200 Fax: 13016646299 Email: bensonh@ballardspahr.com ATTORNEY TO BE NOTICED
Jan Meir Geht United States Department of Justice Tax Division PO Box 227 Ben Franklin Station Washington, DC 20044 12023076449 Fax: 12025146866 Email: jan.m.geht@usdoj.gov TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED
Jason Jacob Mendro Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Ste 200 Washington, DC 20036 12028873726 Fax: 12025309626 Email: jmendro@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jason Eugene Morrow Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12029558296 Fax: 12025309686 Email: jmorrow@gibsondunn.com ATTORNEY TO BE NOTICED
Mitchell A Karlan Gibson Dunn and Crutcher LLP 200 Park Ave New York, NY 10166 12123513827 Fax: 12123515254 Email: mkarlan@gibsondunn.com ATTORNEY TO BE NOTICED
Sarah A Wilson Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12029558500 Fax: 12025309565 Email: sawilson@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 3 of 47

Stephenie Joy Dowdle Gibson Dunn and Crutcher LLP 1050 Connecticut Ave NW Washington, DC 20036 12028873559 Fax: 12025304217 Email: jdowdle@gibsondunn.com ATTORNEY TO BE NOTICED

Wayne A Schrader Isler Dare 1945 Old Gallows Rd Ste 650 Vienna, VA 22182 12022504800 Fax: 17037482695 Email: wschrader@gibsondunn.com ATTORNEY TO BE NOTICED

Plaintiff Baltimore City Branch of the NAACP

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 4 of 47

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Evan Howard for himself and on behalf of a class of similarly situated persons

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

represented by

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 5 of 47

Tyrone Braxton for himself and on behalf of the class

Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Donald Wilson for himself and on behalf of the class

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 6 of 47

(See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Robert Lowery for himself and on behalf of the class

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 7 of 47

PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Aaron Stoner for himself and on behalf of the class

represented by Deborah A Jeon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

David Robert Rocah (See above for address) ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 8 of 47

ATTORNEY TO BE NOTICED

Jan Meir Geht (See above for address) TERMINATED: 10/02/2007 ATTORNEY TO BE NOTICED

Jason Jacob Mendro (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Mitchell A Karlan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Wayne A Schrader (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Timothy Johnson

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Tavis Crockett

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 9 of 47

Plaintiff Raffic Scott
Plaintiff Kerrell K. Wright

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 10 of 47

Plaintiff Carol Higgs
Plaintiff Armondo Horsey

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 11 of 47

Plaintiff Jonathan Lindsay
Plaintiff Erin Marcus

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED
Elise Kochtitzky Jacques (See above for address) ATTORNEY TO BE NOTICED
Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED
Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED
Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 12 of 47

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Jason Eugene Morrow (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jeffrey Chapman

represented by Bennett B Borden (See above for address) ATTORNEY TO BE NOTICED

Daniel Alfonso Cantu (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Dave Merwin Wharwood (See above for address) TERMINATED: 01/04/2010 ATTORNEY TO BE NOTICED

Elise Kochtitzky Jacques (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Hillary Gould Benson (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Baltimore City Police Department

represented by Karen Stakem Hornig Maryland Insurance Administration 200 St. Paul Place, Suite 2700 Baltimore, MD 21202 14104682010 Fax: 14104682020 Email: khornig@mdinsurance.state.md.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
George A Nilson Baltimore City Law Department City Hall 100 N Holliday St Ste 101 Baltimore, MD 21202

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 13 of 47

4103968393 Fax: 4106594077 Email: george.nilson@baltimorecity.gov ATTORNEY TO BE NOTICED

Joshua Neal Auerbach Office of the Attorney General 300 West Preson Street Suite 302 Baltimore, MD 21201 14107671860 Fax: 14103337894 Email: jauerbach@oag.state.md.us TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Mark H Grimes Baltimore Police Department Office of Legal Affairs 601 E Fayette St Baltimore, MD 21202 14103962495 Fax: 14105390536 Email: mark.grimes@baltimorepolice.org ATTORNEY TO BE NOTICED

Michael Francis Conti Office of the Attorney General 300 W. Preston Street Suite 302 Baltimore, MD 21201 14107672085 Fax: 14103337894 Email: mconti@oag.state.md.us ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr Office of the Mayor of Baltimore Mayor's Office on Criminal Justice & Public Safety 100 N. Holliday Street Rm 363 Baltimore, MD 21202 4103964950 Email: njane001@aol.com ATTORNEY TO BE NOTICED

Patrick Sheridan Baltimore City Law Department Litigation Division 100 Holliday Street, Suite 101 Baltimore, MD 21202 410−361−9451 Fax: 410−547−1025 Email: patrick.sheridan@baltimorecity.gov ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mayor and City Council of the City of Baltimore

represented by Karen Stakem Hornig (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 14 of 47

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Suzanne Sangree City of Baltimore Law Department Senior Public Safety Counsel City Hall Room 156 100 N Holliday St Baltimore, MD 21202 14433882190 Fax: 14105390536 Email: suzanne.sangree2@baltimorecity.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Mears Embry Baltimore City Law Department 100 N Holliday St Ste 101 Baltimore, MD 21201 14103963297 Fax: 14105767203 Email: elizabeth.embry@baltimorecity.gov ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mayor Martin O O'Malley individually, and in his official capacity as Mayor, City of Baltimore

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 15 of 47

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Leonard Hamm individually, and in his official capacity as Commissioner, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Marcus Brown individually and in his official capacity as Deputy Commissioner, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 16 of 47

ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Kevin Clark individually

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Edward T. Norris individually

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Jemini Jones individually, and in his official capacity

represented by James Howard Fields Fields Law LLC

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 17 of 47

as a Police Officer, Baltimore City Police Department

111 S Calvert St Ste 1400 Baltimore, MD 21202 4107836347 Fax: 4108892126 Email: jfields@fieldslawllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Stakem Hornig (See above for address) TERMINATED: 12/18/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Fitzgerald Owens Law Office of David F. Owens 44 Westminster Road Reisterstown, MD 21136 4102629466 Email: tunja63@gmail.com ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) TERMINATED: 12/18/2007 ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) TERMINATED: 12/18/2007 ATTORNEY TO BE NOTICED

Defendant
David A. Crites, Jr. individually, and in his official capacity as a Police Officer, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 18 of 47

Defendant
Sgt. Pecha individually, and in his official capacity as a Police Officer, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
B. Newkirk individually, and in his official capacity as a Police Officer, Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Arnold Jones individually, and in his official capacity as a Police Officer Baltimore City Police Department

represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 19 of 47

Defendant John Does 1−100 individually, and in their official capacities as Police Officers, Baltimore City Police Department
Defendant State Of Maryland Baltimore Central Booking and Intake Center

Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED
Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Karen Stakem Hornig (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joshua Neal Auerbach (See above for address) TERMINATED: 01/16/2007 ATTORNEY TO BE NOTICED
Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Patrick Sheridan (See above for address) ATTORNEY TO BE NOTICED
represented by William F Brockman Maryland Office of the Attorney General 200 Saint Paul Place, 20th Floor Baltimore, MD 21202 14105767055 Fax: 14105766955 Email: wbrockman@oag.state.md.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alan D Eason State of Maryland Office of the Attorney General Public Safety and Correctional Services 6776 Reisterstown Rd Ste 312 Baltimore, MD 21215 14105853070 Fax: 14107645366 Email: aeason@dpscs.state.md.us ATTORNEY TO BE NOTICED
David Reid Moore Howard County Office of Law 3430 Courthouse Drive Ellicott City, MD 21043 14103133077

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 20 of 47

Fax: 14103133292 Email: dmoore@howardcountymd.gov ATTORNEY TO BE NOTICED

J Joseph Curran , Jr Office of the Attorney General of Maryland 200 Saint Paul Pl Baltimore, MD 21202 14105766300 Fax: 14105766880 TERMINATED: 11/12/2008

Karl Aram Pothier State of Maryland Office of the Attorney General Department of Juvenile Services 120 West Fayette Street Baltimore, MD 21201 14102303135 Fax: 14102303143 Email: karl.pothier@maryland.gov ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mary Ann Saar individually, and in her official capacity as Secretary, Department of Public Safety and Correctional Services

represented by William F Brockman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes State of Maryland Office of the Attorney General 300 East Joppa Road Suite 1000 Towson, MD 21286 4103397339 Fax: 14107645366 Email: bhughes@oag.state.md.us ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

J Joseph Curran , Jr (See above for address) TERMINATED: 11/12/2008

Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
William Smith individually, and in his official capacity

represented by William F Brockman (See above for address)

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 21 of 47

as Commissioner, Division of Pretrial Detention and Services

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes (See above for address) ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

J Joseph Curran , Jr (See above for address) TERMINATED: 11/12/2008

Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Mitchell Franks individually, and in his official capacity as Warden, Baltimore Central Booking and Intake Center

represented by William F Brockman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes (See above for address) ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

J Joseph Curran , Jr (See above for address) TERMINATED: 11/12/2008

Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Susan Murphy individually

represented by William F Brockman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly F Hughes (See above for address) ATTORNEY TO BE NOTICED

David Reid Moore (See above for address) ATTORNEY TO BE NOTICED

Karl Aram Pothier

Case: 1:06-cv-1863 As of: 03/15/2016 09:43 PM EDT 22 of 47

(See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
John Does A−F individually, and in their official capacity as Corrections Officers, Central Booking and Intake Center

represented by David Reid Moore (See above for address) ATTORNEY TO BE NOTICED
Karl Aram Pothier (See above for address) ATTORNEY TO BE NOTICED

Defendant
Sheila Dixon individually and in her official capacity as Mayor, City of Baltimore

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Gary D. Maynard individually and in his official capacity as Secretary, Department of Public Safety and Correctional Services

represented by Karl Aram Pothier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
Heron P/O

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
J. Grey P/O

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti

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(See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Joseph Chin individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Southard individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Michael Pinkosz individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED

Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED

Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Defendant
P/O Lolando L. Hamilton individually and in his official capacity as a Police Officer

represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED

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Defendant P/O Ronald S. Mealey individually and in his official capacity as a Police Officer
Defendant F−R John Does individually and in their official capacity as Corrections Officers

Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by George A Nilson (See above for address) ATTORNEY TO BE NOTICED
Michael Francis Conti (See above for address) ATTORNEY TO BE NOTICED
Neal Marcellas Janey , Jr (See above for address) ATTORNEY TO BE NOTICED
Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED
represented by Stephenie Joy Dowdle (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/21/2006
07/21/2006 07/21/2006

# Docket Text
1 NOTICE OF REMOVAL by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F from Circuit Court for Baltimore City, Maryland, case number 24−C−06−005088 OT. (Filing fee $ 350 receipt number 14637010436), filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk). (Entered: 07/21/2006)
2 COMPLAINT against Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F , filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.(ljs, Deputy Clerk) (Entered: 07/21/2006)
Jury Trial Demand by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (ljs, Deputy Clerk) (Entered: 07/21/2006)

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07/21/2006 3 Correspondence re: Jones v. Murphy (Auerbach, Joshua) (Entered: 07/21/2006)

07/21/2006

4 Summons Issued 30 days as to Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

5 SUMMONS Returned Executed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Baltimore City Police Department served on 6/21/2006; Mayor and City Council of the City of Baltimore served on 6/21/2006; Martin O O'Malley served on 6/21/2006, answer due 7/11/2006; Leonard Hamm served on 6/21/2006; Marcus Brown served on 6/21/2006; Kevin Clark served on 6/21/2006, answer due 7/11/2006; Edward T. Norris served on 6/21/2006; Jemini Jones served on 6/21/2006; David A. Crites, Jr served on 6/21/2006; Sgt. Pecha served on 6/21/2006; B. Newkirk served on 6/21/2006; Arnold Jones served on 6/21/2006; State Of Maryland served on 6/21/2006; Mary Ann Saar served on 6/21/2006; William Smith served on 6/21/2006; Mitchell Franks served on 6/21/2006. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

6 SUMMONS Returned Executed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Susan Murphy served on 6/22/2006. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

The above pleadings 2 and 4 through 6 are copies filed in the Circuit Court for Baltimore City, Maryland. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

7 NOTICE of Consent to Removal by State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/21/2006

9 NOTICE of Filing of Notice of Removal by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100 (ljs, Deputy Clerk) (Entered: 07/25/2006)

07/21/2006 10 Local Rule 103.5(a)Certification re: State Court Papers. (ljs, Deputy Clerk) (Entered: 07/25/2006)

07/24/2006

8 Standing ORDER re: Removal. Signed by Judge Richard D Bennett on 7/24/06. (ljs, Deputy Clerk) (Entered: 07/24/2006)

07/25/2006

11 NOTICE of Appearance by David Reid Moore on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Moore, David) (Entered: 07/25/2006)

07/25/2006

12 (FILED IN ERROR − DUPLICATE OF #11) NOTICE of Appearance by David Reid Moore on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Moore, David) Modified on 7/25/2006 (jlb, Deputy Clerk). (Entered: 07/25/2006)

07/26/2006

13 MOTION to Designate Related Case by Maryland State Conference of NAACP Branches. Responses due by 8/14/2006 (Attachments: # 1 Memorandum in support of Motion to Designate Related Case# 2 Exhibit A to Memorandum)(Jeon, Deborah) (Entered: 07/26/2006)

07/28/2006

14 NOTICE of Appearance by Karl Aram Pothier on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Pothier, Karl) (Entered: 07/28/2006)

07/28/2006

15 (FILED IN ERROR − WRONG CASE) Corporate Disclosure Statement by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) Modified on 7/28/2006 (jlb, Deputy Clerk). (Entered: 07/28/2006)

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07/28/2006

16 (FILED IN ERROR − WRONG CASE) NOTICE by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Statement of Removal Required by Court's Standing Order on Removal (Hornig, Karen) Modified on 7/28/2006 (jlb, Deputy Clerk). (Entered: 07/28/2006)

07/28/2006

17 Corporate Disclosure Statement by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

18 NOTICE by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones CORRECTED Removal Statement Per Court's Standing Order on Removal (Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

19 MOTION for Other Relief to Certify a Question by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 8/14/2006 (Attachments: # 1 Memorandum of Law# 2 Exhibit No. 1)(Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

20 MOTION to Dismiss or in the Alternative Motion for Summary Judgment by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 8/14/2006 (Attachments: # 1 Memorandum of Law# 2 Exhibit No. 1 Crites# 3 Exhibit No. 2 Pecha# 4 Exhibit No. 3 Newkirk# 5 Exhibit No. 4 Arnold Jones# 6 Exhibit No. 5. Jemini Jones# 7 Exhibit No. 6)(Hornig, Karen) (Entered: 07/28/2006)

07/28/2006

21 Consent MOTION for Extension of Time by State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Responses due by 8/14/2006 (Attachments: # 1 Text of Proposed Order)(Pothier, Karl) (Entered: 07/28/2006)

07/28/2006

22 Paperless ORDER granting 21 parties' Consent Motion for Extension of Time. Answer/response due from defendants by 8/11/2006. (Bennett, Richard) (Entered: 07/28/2006)

07/28/2006 23 Corporate Disclosure Statement by State Of Maryland. (Brockman, William) (Entered: 07/28/2006)

07/28/2006 24 NOTICE by State Of Maryland re 8 Order Concerning Removal (Brockman, William) (Entered: 07/28/2006)

08/01/2006 25 Corporate Disclosure Statement by Maryland State Conference of NAACP Branches. (Jeon, Deborah) (Entered: 08/01/2006)

08/08/2006

26 RESPONSE to Motion re 13 MOTION to Designate Related Case filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Replies due by 8/22/2006. (Auerbach, Joshua) (Entered: 08/08/2006)

08/09/2006 27 NOTICE of Appearance by Wayne A Schrader on behalf of all plaintiffs (Schrader, Wayne) (Entered: 08/09/2006)

08/09/2006

28 Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss Or, in the Alternative, Motion for Summary Judgment, and to File Reply to Opposition to Same, by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Jemini Jones, Baltimore City Branch of the NAACP, David A. Crites, Jr, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, John Does 1−100, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 8/28/2006 (Schrader, Wayne) (Entered: 08/09/2006)

08/10/2006 29 Paperless ORDER granting 28 parties' Joint Motion for Extension of Time. Response due 9/13/2006; Reply due 10/18/2006.(Bennett, Richard) (Entered: 08/10/2006)

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08/11/2006

30 RESPONSE in Opposition re 19 MOTION for Other Relief to Certify a Question filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Replies due by 8/25/2006. (Schrader, Wayne) (Entered: 08/11/2006)

08/11/2006 31 ANSWER to Complaint by State Of Maryland, el atl (State Defendants).(Brockman, William) Modified on 9/26/2006 (jlb, Deputy Clerk). (Entered: 08/11/2006)

08/15/2006

32 MOTION for Daniel A. Cantu to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

33 MARGINAL ORDER granting 32 Motion of Plaintiffs for Daniel A. Cantu to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #33 SEE #32) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

34 MOTION for Mitchell Karlan to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

35 MARGINAL ORDER granting 34 Motion of Plaintiffs for Mitchell Karlan to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #35 SEE #34) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

36 MOTION for Jan M. Geht to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

37 MARGINAL ORDER granting 36 Motion of Plaintiffs for Jan M. Geht to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #37 SEE #36) (jlb, Deputy Clerk) Modified on 8/15/2006 (jlb, Deputy Clerk). (Entered: 08/15/2006)

08/15/2006

38 MOTION for Jason J. Mendro to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

39 MARGINAL ORDER granting 38 Motion of Plaintiffs for Jason J. Mendro to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #39 SEE #38) (jlb, Deputy Clerk) Modified on 8/15/2006 (jlb, Deputy Clerk). (Entered: 08/15/2006)

08/15/2006

40 MOTION for Jason E. Morrow to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

41 MARGINAL ORDER granting 40 Motion of Plaintiffs for Jason E. Morrow to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #41 SEE #40) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

42 MOTION for Dave M. Wharwood to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/15/2006

43 MARGINAL ORDER granting 42 Motion of Plaintiffs for Dave M. Wharwood to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #43 SEE #42) (jlb, Deputy Clerk) (Entered: 08/15/2006)

08/21/2006

44 REPLY to Response to Motion re 13 MOTION to Designate Related Case filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (Morrow, Jason) (Entered: 08/21/2006)

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08/25/2006

45 REPLY to Response to Motion re 19 MOTION for Other Relief to Certify a Question filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 08/25/2006)

09/07/2006

Motion Hearing held on 9/7/2006 re 13 MOTION to Designate Related Case filed by Maryland State Conference of NAACP Branches held before Judge Richard D Bennett. Argument of Counsel. Oral Order (Bennett, J.) "GRANTING" Motion of Plaintiff, for reasons stated in open Court. (Court Reporter: Lisa K. Bankins) (kam, Deputy Clerk) (Entered: 09/07/2006)

09/08/2006

Case reassigned to Judge Catherine C. Blake. Judge Richard D Bennett no longer assigned to the case. (cags, Deputy Clerk) (Entered: 09/08/2006)

09/08/2006 46 ORDER granting 13 Motion of Plaintiffs to Designate Related Case. Signed by Judge Richard D Bennett on 9/8/06. (mcb, Deputy Clerk) (Entered: 09/11/2006)

09/11/2006

47 ORDER DIRECTING each party to submit a Status Report on pending motions and issues in both cases and any suggestions counsel may have for a coordinated schedule no later than 9/25/06. Signed by Judge Catherine C. Blake on 9/12/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(mcb, Deputy Clerk) (Entered: 09/11/2006)

09/13/2006

48 RESPONSE in Opposition re (20 in 1:06−cv−01863−CCB) MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.Replies due by 9/27/2006. (Attachments: # 1 Affidavit Affidavit of Donald Wilson# 2 Affidavit Affidavit of Tyrone Braxton# 3 Affidavit Affidavit of Evan Howard# 4 Affidavit Affidavit of Aaron Stoner# 5 Affidavit Affidavit of Jason Morrow)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/13/2006)

09/20/2006

49 (FILED IN ERROR WRONG CASE) NOTICE by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West re (64 in 1:05−cv−01287−CCB) Response in Opposition to Motion, of New Relevant Authority Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) Modified on 9/21/2006 (jlb, Deputy Clerk). (Entered: 09/20/2006)

09/21/2006

50 (FILED IN ERROR WRONG CASE)RESPONSE re (75 in 1:05−cv−01287−CCB, 49 in 1:06−cv−01863−CCB) Notice (Other), Notice (Other) filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Auerbach, Joshua) Modified on 9/22/2006 (jlb, Deputy Clerk). (Entered: 09/21/2006)

09/25/2006

51 STATUS REPORT by Mitchell Franks. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 09/25/2006)

09/25/2006

52 STATUS REPORT by Mayor and City Council Of Baltimore, Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Auerbach, Joshua) (Entered: 09/25/2006)

09/25/2006

53 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/25/2006)

09/27/2006

54 MOTION to Dismiss or in the alternative, for Summary Judgment as to Evan Howard by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones.Responses due by 10/16/2006 (Hornig, Karen) Modified on 9/27/2006 (jlb, Deputy Clerk). (Entered: 09/27/2006)

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10/04/2006 55 REPORT of Rule 26(f) Planning Meeting. (Morrow, Jason) Modified on 10/6/2006 (jlb, Deputy Clerk). Modified on 10/6/2006 (jlb, Deputy Clerk). (Entered: 10/04/2006)

10/12/2006

56 RESPONSE in Opposition re 54 MOTION for Summary Judgment as to Evan Howard filed by Evan Howard.Replies due by 10/26/2006. (Morrow, Jason) (Entered: 10/12/2006)

10/18/2006

57 MOTION for Leave to File Excess Pages by Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Responses due by 11/6/2006 (Auerbach, Joshua) (Entered: 10/18/2006)

10/18/2006

58 REPLY to Response to Motion re 20 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 10/18/2006)

10/19/2006

59 PAPERELSS ORDER Granting 57 Unopposed Motion for Leave to File Reply in Excess of Page Limitation. Signed by Judge Catherine C. Blake on October 19, 2006. (Blake, Catherine) (Entered: 10/19/2006)

10/23/2006

60 REPLY to Response to Motion re 54 MOTION for Summary Judgment as to Evan Howard filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 10/23/2006)

11/28/2006 61 Request for Conference (Morrow, Jason) (Entered: 11/28/2006)

12/01/2006

62 ORDER SCHEDULING Status Conference. Signed by Judge Catherine C. Blake on 12/1/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 12/01/2006)

12/01/2006 63 MEMORANDUM. Signed by Judge Catherine C. Blake on 12/1/06. (jlb, Deputy Clerk) (Entered: 12/01/2006)

12/01/2006

64 ORDER denying without prejudice 19 Motion to Certify a Question; granting in part and denying in part 20 Motion to Dismiss; granting in part and denying in part 54 Motion for Summary Judgment. Signed by Judge Catherine C. Blake on 12/1/06. (jlb, Deputy Clerk) (Entered: 12/01/2006)

12/14/2006

65 Correspondence re: proposed schedule for document discovery Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Auerbach, Joshua) (Entered: 12/14/2006)

12/14/2006

66 RESPONSE re (84 in 1:05−cv−01287−CCB) Order to Submit Proposed Discovery Schedule filed by Mitchell Franks, Mitchell Franks. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 12/14/2006)

12/14/2006 67 Correspondence re: Proposed Discovery Schedule (Morrow, Jason) (Entered: 12/14/2006)

12/15/2006

68 ANSWER to Complaint by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones.(Hornig, Karen) (Entered: 12/15/2006)

12/18/2006

Status Conference held on 12/18/2006 held before Judge Catherine C. Blake. (Court Reporter Gail Simpkins.) (rhl, Deputy Clerk) (Entered: 12/18/2006)

12/20/2006

69 ORDER RE: Discovery; Status Reports are Due 1/18/07 and Scheduling Conference Call. Signed by Judge Catherine C. Blake on 12/19/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 12/21/2006)

12/22/2006 70 NOTICE by Eric Jones of Lead Counsel Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 12/22/2006)

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01/12/2007 71 MOTION to Withdraw as Attorney. Responses due by 1/29/2007 (Auerbach, Joshua) (Entered: 01/12/2007)

01/16/2007

72 PAPERLESS ORDER granting 71 Motion to Withdraw as Attorney. Attorney Joshua Neal Auerbach terminated. Per Judge Catherine C. Blake on 1/16/07. (jlb, Deputy Clerk) (Entered: 01/17/2007)

01/18/2007

73 STATUS REPORT Regarding Discovery by State Of Maryland. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 01/18/2007)

01/18/2007

74 STATUS REPORT by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 01/18/2007)

01/18/2007

75 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 01/18/2007)

01/18/2007

76 NOTICE by Eric Jones re (90 in 1:05−cv−01287−CCB) Order of Database Discovery Status Report required by Court's 12/20/06 Order Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 01/18/2007)

01/19/2007

77 TRANSCRIPT of Proceedings held on December 18, 2006 before Judge Catherine C. Blake. Court Reporter: Gail Simpkins. (FILED SEPARATELY UNDER CASE #CCB−06−1863) Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) Modified on 1/19/2007 (jlb, Deputy Clerk). (Entered: 01/19/2007)

02/04/2007

78 Consent MOTION to Continue database discovery deadlines by Eric Jones. Responses due by 2/21/2007 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/04/2007)

02/05/2007

79 ORDER granting (103) Motion to Continue in case 1:05−cv−01287−CCB; granting (78) Motion to Continue in case 1:06−cv−01863−CCB. Status Reports due 2/20/07 and Telephone Conference set for 2/22/07 @ 4:30 p.m. Signed by Judge Catherine C. Blake on 2/5/07. (hml, Deputy Clerk) (Entered: 02/05/2007)

02/19/2007

80 NOTICE by Eric Jones re (104 in 1:05−cv−01287−CCB) Order on Motion to Continue, status report on database discovery Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/19/2007)

02/20/2007

81 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 02/20/2007)

02/20/2007

82 Status Report Submitted by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/20/2007)

02/20/2007

83 MOTION for Extension of Time to Complete Discovery by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 3/9/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/20/2007)

02/21/2007

84 PAPERLESS ORDER Granting 83 Motion for Extension of Time to Complete Discovery, through May 3, 2007. Signed by Judge Catherine C. Blake on February 21, 2007. (Blake, Catherine) (Entered: 02/21/2007)

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02/21/2007 85 Correspondence re: conference call Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 02/21/2007)

02/22/2007

86 NOTICE by Eric Jones re (109 in 1:05−cv−01287−CCB) Miscellaneous Correspondence Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/22/2007)

02/23/2007 87 Correspondence re: Conference Call Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 02/23/2007)

02/23/2007 88 Correspondence re: Conference Call Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sheridan, Patrick) (Entered: 02/23/2007)

03/08/2007

89 MOTION for Stephenie Dowdle to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches. (Filing Fee Paid) (Receipt #14637014924) (hml, Deputy Clerk) (Entered: 03/08/2007)

03/08/2007

90 MARGINAL ORDER granting 89 Motion for Stephenie Dowdle to Appear Pro Hac Vice. Signed by Clerk on 3/6/07. (For #90, See #89) (hml, Deputy Clerk) (Entered: 03/08/2007)

03/23/2007 91 STATUS REPORT for 3/27/07 Telephone Status by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 03/23/2007)

03/23/2007

92 Status Report Submitted by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/23/2007)

03/26/2007

93 STATUS REPORT by Mayor and City Council of the City of Baltimore, Martin O O'Malley, Edward T. Norris, Jemini Jones, Sgt. Pecha, B. Newkirk, Arnold Jones. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 03/26/2007)

03/26/2007

94 Status Report Submitted (Supplemental) by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/26/2007)

03/27/2007

Telephone Conference held on 3/28/2007 before Judge Catherine C. Blake. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 03/28/2007)

03/28/2007

95 ORDER CONFIRMING Results of Telephone Conference Call. Signed by Judge Catherine C. Blake on 3/28/07. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 03/28/2007)

03/29/2007

96 Consent MOTION for Other Relief To Enter A Confidentiality Order by Maryland State Conference of NAACP Branches. Responses due by 4/16/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/29/2007)

03/30/2007

97 PAPERLESS ORDER Granting (121) Stipulated Order Regarding Confidentiality of Discovery Material, as proposed, in case CCB−05−1287; Granting (96) Stipulated Order Regarding Confidentiality of Discovery Material, as proposed, in case CCB−06−1863. Signed by Judge Catherine C. Blake on March 30, 2007. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 03/30/2007)

04/04/2007

98 Miscellaneous Correspondence adjusting the time of the conference call on April 25, 2007. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 04/04/2007)

04/05/2007

99 NOTICE of Appearance by Suzanne Sangree on behalf of Mayor and City Council of the City of Baltimore Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sangree, Suzanne) (Entered: 04/05/2007)

04/18/2007 100 STATUS REPORT (Joint for 05−1287) for 4/25/07 Status Conference by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day,

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04/18/2007
04/20/2007
04/25/2007 04/26/2007 04/30/2007 05/21/2007 06/22/2007 06/22/2007 06/22/2007 06/26/2007 06/26/2007 06/29/2007 07/02/2007 07/02/2007 07/02/2007 10/01/2007

Sean) (Entered: 04/18/2007)
101 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 04/18/2007)
102 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones (Attachments: # 1 Exhibit Notice of Deposition)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 04/20/2007)
103 TRANSCRIPT of Tele−Conference held on 1/19/07 before Judge Blake. Court Reporter: G. Simpkins. (FILED SEPARATELY UNDER 06−1863) Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(hml, Deputy Clerk) (Entered: 04/25/2007)
104 ORDER CONFIRMING the results of the tele−conference held 4/25/07. Signed by Judge Catherine C. Blake on 4/26/07. (hml, Deputy Clerk) (Entered: 04/26/2007)
105 Correspondence re: IT Personnel (Sheridan, Patrick) (Entered: 04/30/2007)
106 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 05/21/2007)
107 STATUS REPORT for 6/26/07 Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 06/22/2007)
108 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 06/22/2007)
109 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 06/22/2007)
Telephone Conference held on 6/26/2007 before Judge Catherine C. Blake. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 06/26/2007)
110 ORDER CONFIRMING Results of Telephone Conference. Signed by Judge Catherine C. Blake on 6/26/07. (jlb, Deputy Clerk) (Entered: 06/26/2007)
111 Joint MOTION to Amend/Correct December 20, 2006 Order by Maryland State Conference of NAACP Branches. Responses due by 7/16/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Dowdle, Stephenie) (Entered: 06/29/2007)
112 PAPERLESS ORDER Granting 111 Joint Motion to Amend December 20, 2006 Court Order, as proposed. Signed by Judge Catherine C. Blake on July 2, 2007. (Blake, Catherine) (Entered: 07/02/2007)
113 ORDER DIRECTING State Defendants to produce to plaintiffs' counsel all documents listed in appendix A to plaintiffs' status report no later than 8/2/07. Signed by Judge Catherine C. Blake on 7/2/07. (hml, Deputy Clerk) (Entered: 07/02/2007)
Telephone Conference held on 7/2/2007 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 07/02/2007)
115 STATUS REPORT for 10/4/07 Telephone Status Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered:

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10/01/2007 10/01/2007 10/01/2007 10/02/2007 10/02/2007 10/04/2007 10/30/2007
11/14/2007 11/30/2007 11/30/2007 11/30/2007 12/03/2007
12/03/2007

10/01/2007)
116 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 10/01/2007)
117 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 10/01/2007)
118 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 10/01/2007)
119 MOTION to Withdraw as Attorney by Baltimore City Branch of the NAACP. Responses due by 10/19/2007 (Geht, Jan) (Entered: 10/02/2007)
120 PAPERLESS ORDER granting 119 Motion to Withdraw as Attorney. Attorney Jan Meir Geht terminated. Per Judge Catherine C. Blake on 10/2/07. (hml, Deputy Clerk) (Entered: 10/02/2007)
121 Miscellaneous Correspondence to counsel. Status report due November 30, 2007. (Blake, Catherine) (Entered: 10/04/2007)
122 Consent MOTION for Extension of Time to File Response/Reply as to (142 in 1:05−cv−01287−CCB) MOTION to Amend/Correct (55) Amended Complaint, Fourth Amended Complaint by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 11/16/2007 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 10/30/2007)
123 MOTION to Bifurcate by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 12/3/2007 (Attachments: # 1 Memorandum in support# 2 Text of Proposed Order)(Sheridan, Patrick) (Entered: 11/14/2007)
124 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones (Sheridan, Patrick) (Entered: 11/30/2007)
125 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 11/30/2007)
126 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 11/30/2007)
127 RESPONSE in Opposition re 123 MOTION to Bifurcate filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.Replies due by 12/17/2007. (Attachments: # 1 Declaration of Jason E. Morrow# 2 Exhibit A to Morrow Declaration# 3 Exhibit B to Morrow Declaration# 4 Exhibit C to Morrow Declaration# 5 Exhibit D to Morrow Declaration# 6 Declaration of Dr. Michael R. Smith)(Morrow, Jason) (Entered: 12/03/2007)
128 Correspondence re: Proposed Order for Opposition to Motion to Bifurcate (Morrow, Jason) (Entered: 12/03/2007)

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12/04/2007 129 Miscellaneous Correspondence to counsel. Status report due February 19, 2008. (Blake, Catherine) (Entered: 12/04/2007)

12/07/2007 130 Correspondence re: Amended Complaint Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 12/07/2007)

12/17/2007 131 MOTION to Withdraw as Attorney by Jemini Jones. Responses due by 1/3/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sheridan, Patrick) (Entered: 12/17/2007)

12/17/2007

132 REPLY RESPONSE to Motion re 123 MOTION to Bifurcate filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris.(Sheridan, Patrick) Modified on 12/18/2007 (hml, Deputy Clerk). (Entered: 12/17/2007)

12/18/2007

133 MOTION for Leave to File First Amended Complaint by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 1/4/2008 (Attachments: # 1 Exhibit Exh. A − Proposed Amended Complaint# 2 Exhibit Exh. B−Proposed Amended Complaint With Changes Highlighted# 3 Memorandum in Support of Motion for Leave to Amend# 4 Text of Proposed Order)(Rocah, David) (Entered: 12/18/2007)

12/18/2007

134 ORDER granting (153) Motion to Withdraw as Attorney in case 1:05−cv−01287−CCB; granting (131) Motion to Withdraw as Attorney in case 1:06−cv−01863−CCB. ***Attorney James Howard Fields for Jemini Jones added. Attorney Patrick Sheridan, Michael Francis Conti and Karen Stakem Hornig terminated for Jemini Jones. Signed by Judge Catherine C. Blake on 12/18/07. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(hml, Deputy Clerk) (Entered: 12/18/2007)

01/04/2008 135 Correspondence re: Line (Sheridan, Patrick) (Entered: 01/04/2008)

01/04/2008 136 PAPERLESS ORDER Granting 133 Plaintiffs' Motion for Leave to Amend the Complaint. Signed by Judge Catherine C. Blake on January 4, 2008. (Blake, Catherine) (Entered: 01/04/2008)

01/14/2008 137 NOTICE of Appearance by Beverly F Hughes on behalf of Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy (Hughes, Beverly) (Entered: 01/14/2008)

01/31/2008 138 Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by Eric Jones Responses due by 2/19/2008 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 01/31/2008)

02/15/2008

139 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 02/15/2008)

02/19/2008 140 STATUS REPORT for 2/21/08 Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 02/19/2008)

02/19/2008 141 STATUS REPORT by Maryland State Conference of NAACP Branches. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/19/2008)

02/20/2008

142 MOTION for Summary Judgment (Partial Summary Judgment) by Eric Jones Responses due by 3/10/2008 (Attachments: # 1 Exhibit Pl. Ex. 101, # 2 Exhibit Pl. Ex. 102, # 3 Exhibit Pl. Ex. 103, # 4 Exhibit Pl. Ex. 104, # 5 Exhibit Pl. Ex. 105, # 6 Exhibit Pl. Ex. 106, # 7 Exhibit Pl. Ex. 107, # 8 Exhibit Pl. Ex. 108, # 9 Exhibit Pl. Ex. 109, # 10 Exhibit Pl. Ex. 110, # 11 Exhibit Pl. Ex. 111, # 12 Exhibit Pl. Ex. 112, # 13 Exhibit Pl. Ex. 113, # 14 Exhibit Pl. Ex. 114, # 15 Exhibit Pl. Ex. 115, # 16 Exhibit Pl. Ex. 116, # 17 Exhibit Index of Exhibits)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 02/20/2008)

02/21/2008

Telephone Conference held on 2/21/2008 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 02/21/2008)

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02/21/2008

143 ORDER CONFIRMING the results of the Telephone Conference held on February 21, 2008. Signed by Judge Catherine C. Blake on 2/21/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 02/21/2008)

02/27/2008

144 AMENDED COMPLAINT against Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, Ronald S. Mealey, John Does F−R, Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F filed by Maryland State Conference of NAACP Branches, et al. (Attachments: # 1 Redlined Version) (FILED AS OF 1/4/08)(hml, Deputy Clerk) (Entered: 02/27/2008)

02/27/2008 145 Summons Issued 10 days as to Sheila Dixon, Gary D. Maynard, P/O Heron, Lolando L. Hamilton, Ronald S. Mealey. (hml, Deputy Clerk) (Entered: 02/27/2008)

02/27/2008 146 Summons Issued 10 days as to J. Grey, Joseph Chin, Southard, Michael Pinkosz. (hml, Deputy Clerk) (Entered: 02/27/2008)

03/11/2008

147 NOTICE of Appearance by Hillary Anne Gould on behalf of Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner (Gould, Hillary) (Entered: 03/11/2008)

03/18/2008

148 ANSWER to (144 in 1:06−cv−01863−CCB) Amended Complaint,, by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones.Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 03/18/2008)

03/27/2008

149 STATUS REPORT by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Jemini Jones, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, John Does, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, William Smith, Donald Wilson, Robert Lowery, Aaron Stoner. (Sheridan, Patrick) (Entered: 03/27/2008)

04/08/2008 150 RESPONSE in Opposition re (168 in 1:05−cv−01287−CCB) MOTION for Protective Order filed by Eric Jones. Replies due by 4/22/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/08/2008)

04/21/2008

151 Status Report Submitted by William Jednorski, Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones, William Smith Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 04/21/2008)

04/21/2008 152 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/21/2008)

04/21/2008 153 MOTION for Leave to Appear Entry of David F. Owens by Jemini Jones Responses due by 5/8/2008 (Owens, David) (Entered: 04/21/2008)

04/21/2008 154 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 04/21/2008)

04/21/2008 155 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K.

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04/23/2008 04/23/2008 04/25/2008
05/19/2008 05/19/2008 05/19/2008 05/19/2008 05/19/2008 05/20/2008 05/21/2008 05/21/2008

Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (Dowdle, Stephenie) (Entered: 04/21/2008)
156 PAPERLESS ORDER APPROVING (155 in 1:06−cv−01863−CCB) NAACP Plaintiffs' Status Report. Further Status Report is due May 19, 2008; a conference call is set for May 21, 2008 at 9:30 a.m. Signed by Judge Catherine C. Blake on April 23, 2008. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 04/23/2008)
157 PAPERLESS ORDER APPROVING (177 in 1:05−cv−01287−CCB) Joint Status Report. Further status report due May 19, 2008; conference call is set for May 21, 2008 at 9:30 a.m. Signed by Judge Catherine C. Blake on April 23, 2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 04/23/2008)
158 MOTION to Certify Class by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West, Aaron Ross Responses due by 5/12/2008 (Attachments: # 1 TOC for Memorandum, # 2 Memorandum, # 3 Text of Proposed Order Proposed Order, # 4 Exhibit Index of Exhibits, # 5 Exhibit Pl Ex 26, # 6 Exhibit Pl Ex 27, # 7 Exhibit Pl Ex 28, # 8 Exhibit Pl Ex 29, # 9 Exhibit Pl Ex 44, # 10 Exhibit Pl Ex 45, # 11 Exhibit Pl Ex 56, # 12 Exhibit Pl Ex 57, # 13 Exhibit Pl Ex 108, # 14 Exhibit Pl Ex 110, # 15 Exhibit Pl Ex 111, # 16 Exhibit Pl Ex 114, # 17 Exhibit Pl Ex 115, # 18 Exhibit PL Ex 117, # 19 Exhibit PL Ex 121, # 20 Exhibit Pl Ex 122, # 21 Exhibit Pl Ex 123, # 22 Exhibit Pl Ex 124, # 23 Exhibit Pl Ex 125, # 24 Exhibit PL Ex 126, # 25 Exhibit Pl Ex 127, # 26 Exhibit Pl Ex 129, # 27 Exhibit Pl Ex 130, # 28 Exhibit Pl Ex 131, # 29 Exhibit Pl Ex 132, # 30 Exhibit Pl Ex 133, # 31 Exhibit Pl Ex 134, # 32 Exhibit Pl Ex 135, # 33 Exhibit Pl Ex 136, # 34 Exhibit Pl Ex 137)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/25/2008)
159 Status Report Submitted by William Jednorski, Baltimore City Police Department, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, J. Grey, Joseph Chin, Southard, Lolando L. Hamilton, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 05/19/2008)
160 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Dowdle, Stephenie) (Entered: 05/19/2008)
161 REPLY to Response to Motion re (162 in 1:05−cv−01287−CCB, 142 in 1:06−cv−01863−CCB) MOTION for Summary Judgment (Partial Summary Judgment) MOTION for Summary Judgment (Partial Summary Judgment) MOTION for Summary Judgment (Partial Summary Judgment) filed by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 05/19/2008)
162 RESPONSE in Opposition re (184 in 1:05−cv−01287−CCB) Cross MOTION for Partial Summary Judgment filed by Eric Jones. Replies due by 6/2/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 05/19/2008)
163 STATUS REPORT (Joint) for 5/21/08 Conference by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 05/19/2008)
164 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 05/20/2008)
165 Correspondence re: City Law Department Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 05/21/2008)
Telephone Conference held on 5/21/2008 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered:

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05/22/2008 05/22/2008 05/22/2008
05/23/2008
05/27/2008 06/09/2008 06/17/2008 06/17/2008 06/17/2008 06/18/2008 06/18/2008 06/23/2008

05/23/2008)
166 (FILED IN ERROR) NOTICE by Eric Jones Errata Re. Exhibit 124 (Attachments: # 1 Exhibit Exhibit 124 (corrected))Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) Modified on 5/23/2008 (jnl, Deputy Clerk). (Entered: 05/22/2008)
167 ORDER CONFIRMING the results of the Telephone Conference held on May 21, 2008. Signed by Judge Catherine C. Blake on 5/22/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 05/23/2008)
168 MOTION to Appear Pro Hac Vice for Elise Kochtitzky Jacques on behalf of Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Filing fee $ 50, receipt number 14637025888. (jnl, Deputy Clerk) (Entered: 05/23/2008)
169 PAPERLESS ORDER granting 168 Motion to Appear Pro Hac Vice for attorney Elise Kochtitzky Jacques on behalf of Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Directing attorney Elise Kochtitzky Jacques to register on−line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 5/23/08. (cmns, Deputy Clerk) (Entered: 05/23/2008)
170 Correspondence re: In Camera Inspection Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 05/27/2008)
171 REPLY to Response to Motion re (142 in 1:06−cv−01863−CCB) MOTION for Summary Judgment Defendants' Memorandum in Reply to Plaintiffs' Opposition to Defendants' Cross−Motion for Partial Summary Judgment filed by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Pothier, Karl) (Entered: 06/09/2008)
172 MOTION for Leave to Appear by Mayor and City Council of the City of Baltimore Responses due by 7/7/2008 (Embry, Elizabeth) (Entered: 06/17/2008)
173 NOTICE of Appearance by Neal Marcellas Janey, Jr on behalf of Baltimore City Police Department, Leonard Hamm, Marcus Brown, Heron, J. Grey, Joseph Chin, Southard, Lolando L. Hamilton, Ronald S. Mealey (Janey, Neal) (Entered: 06/17/2008)
174 MOTION to Withdraw as Attorney /Co−counsel by Baltimore City Police Department, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Heron, J. Grey, Joseph Chin, Southard, Lolando L. Hamilton Responses due by 7/7/2008 (Janey, Neal) (Entered: 06/17/2008)
175 (FILED IN ERROR) ORDER granting 174 Motion to Withdraw as Attorney. Attorney Neal Marcellas Janey, Jr terminated. Signed by Judge Catherine C. Blake on 6/18/08. (kjb, Chambers) Modified on 6/18/2008 (jnl, Deputy Clerk). Modified on 6/18/2008 (jnl, Deputy Clerk). (Entered: 06/18/2008)
176 PAPERLESS ORDER granting 174 Motion to Withdraw as Attorney. Attorney Neal Marcellas Janey, Jr terminated. Signed by Judge Catherine C. Blake on 6/18/08. (jnl, Deputy Clerk) (Entered: 06/18/2008)
177 STATUS REPORT (Joint Proposed Discovery Schedule) by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, John Does, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, John Does 1−100, State Of Maryland, Mary Ann Saar,

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06/23/2008 06/23/2008 06/24/2008
07/18/2008 07/22/2008 07/22/2008 07/22/2008 07/22/2008 07/23/2008
07/23/2008
07/25/2008 07/28/2008 08/01/2008 09/05/2008
09/05/2008 09/05/2008

William Smith, Donald Wilson, Mitchell Franks, Susan Murphy, John Does A−F, Robert Lowery, Aaron Stoner. (Gould, Hillary) (Entered: 06/23/2008)
178 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 06/23/2008)
179 ANSWER to 144 Amended Complaint,, by Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy.(Pothier, Karl) (Entered: 06/23/2008)
180 PAPERLESS ORDER APPROVING 177 Status Report and Joint Proposed Discovery Schedule, with the addition of mediation before a U.S. Magistrate Judge in January, 2009. Signed by Judge Catherine C. Blake on June 24, 2008. (Blake, Catherine) (Entered: 06/24/2008)
181 Status Report Submitted & Request for Extension by Mitchell Franks, Susan Murphy, William Jednorski Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 07/18/2008)
182 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 07/22/2008)
183 STATUS REPORT for 07/24/08 Conference by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 07/22/2008)
184 Correspondence re: Defendants' Correspondence Requesting Extension Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 07/22/2008)
185 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 07/22/2008)
186 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 07/23/2008)
187 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Leonard Hamm, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 07/23/2008)
188 LETTER ORDER CONFIRMING THE RESULTS OF TELEPHONE CONFERENCE CALL OF JULY 24, 2008. Signed by Judge Catherine C. Blake on 7/25/08. (slf, Deputy Clerk) (Entered: 07/25/2008)
189 ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for Settlement. Signed by Judge Catherine C. Blake on 7/28/08 (cag, Deputy Clerk) (Entered: 07/28/2008)
190 ORDER SCHEDULING Settlement Conference. Signed by Magistrate Judge Paul W. Grimm on 7/31/08. (hml, Deputy Clerk) (Entered: 08/01/2008)
191 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 09/05/2008)
192 Status Report Submitted by Jemini Jones (Owens, David) (Entered: 09/05/2008)
193 STATUS REPORT (Joint) for 9/9/08 Conference by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 09/05/2008)

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09/05/2008

194 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/05/2008)

09/09/2008 195 Letter ORDER CONFIRMING the dates set during the telephone conference call held 9/9/08. Signed by Judge Catherine C. Blake on 9/9/08. (hml, Deputy Clerk) (Entered: 09/09/2008)

09/23/2008

196 MOTION for Extension of Time to File Response/Reply as to (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class by Mitchell Franks, Susan Murphy, William Jednorski. Responses due by 10/10/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 09/23/2008)

09/26/2008

197 RESPONSE to Motion re (221 in 1:05−cv−01287−CCB, 196 in 1:06−cv−01863−CCB) MOTION for Extension of Time to File Response/Reply as to (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class MOTION for Extension of Time to File Response/Reply as to (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class (CONSENT RESPONSE) filed by Eric Jones. Replies due by 10/10/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 09/26/2008)

10/17/2008 198 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 10/17/2008)

10/17/2008

199 STATUS REPORT and Joint Motion to Extend Period of Fact Discovery by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Jemini Jones, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, John Does 1−100, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 10/17/2008)

10/17/2008 200 STATUS REPORT (Joint) by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 10/17/2008)

10/20/2008 201 PAPERLESS ORDER APPROVING 199 Status Report and Joint Motion to Extend Discovery. Signed by Judge Catherine C. Blake on October 20, 2008. (Blake, Catherine) (Entered: 10/20/2008)

10/27/2008 202 NOTICE of Appearance by Alan D Eason on behalf of State Of Maryland (Eason, Alan) (Entered: 10/27/2008)

10/27/2008

203 MOTION for Extension of Time to File Response/Reply as to (158 in 1:06−cv−01863−CCB) MOTION to Certify Class by Susan Murphy, William Jednorski, Mitchell Franks. Responses due by 11/13/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 10/27/2008)

10/28/2008

204 RESPONSE in Opposition re (227 in 1:05−cv−01287−CCB, 203 in 1:06−cv−01863−CCB) MOTION for Extension of Time to File Response/Reply as to (158 in 1:06−cv−01863−CCB) MOTION to Certify Class MOTION for Extension of Time to File Response/Reply as to (158 in 1:06−cv−01863−CCB) MOTION to Certify Class filed by Eric Jones. Replies due by 11/12/2008. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 10/28/2008)

10/31/2008

205 ORDER granting (227) Motion for Enlargement of Time Within Which to File Opposition to Motion for Class Certification in case 1:05−cv−01287−CCB; granting (203) Motion for Enlargement of Time Within Which to File Opposition to Motion for Class Certification in case 1:06−cv−01863−CCB; directing that no further Extension will be granted. Signed by Judge Catherine C. Blake on 10/30/08. Associated Cases:

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11/12/2008
11/12/2008
11/12/2008 11/13/2008 11/14/2008
11/14/2008 11/14/2008 11/26/2008 12/04/2008 12/05/2008 12/05/2008

1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 10/31/2008)
206 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 11/12/2008)
207 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 11/12/2008)
208 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 11/12/2008)
209 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 11/13/2008)
210 RESPONSE in Opposition re (181 in 1:05−cv−01287−CCB, 158 in 1:06−cv−01863−CCB) MOTION to Certify Class filed by Mitchell Franks, Susan Murphy, William Jednorski. Replies due by 12/1/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 27, # 27 Exhibit 28)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 11/14/2008)
211 PAPERLESS ORDER APPROVING 208 Joint Status Report. A conference call has been set for 5:00 P.M. on DECEMBER 22, 2008. Status reports are due December 19, 2008. Mr. Day is asked to make arrangements for a call in number. Signed by Judge Catherine C. Blake on November 14, 2008. (Blake, Catherine) (Entered: 11/14/2008)
212 Supplemental to (210 in 1:06−cv−01863−CCB) Response in Opposition to Motion,,, filed by Mitchell Franks, Susan Murphy, William Jednorski (Exhibit 26 to Opposition). Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 11/14/2008)
213 Consent MOTION for Extension of Time to File Response/Reply by Eric Jones. Responses due by 12/15/2008 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 11/26/2008)
214 Emergency MOTION to Stay November 26 Order of Magistrate Judge and Order's December 5, 2008 Deadline by Mitchell Franks, Susan Murphy, William Jednorski Responses due by 12/22/2008 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 12/04/2008)
216 Consent MOTION for Leave to File Excess Pages by Eric Jones Responses due by 12/22/2008 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 12/05/2008)
217 REPLY to Response to Motion re (158 in 1:06−cv−01863−CCB) MOTION to Certify Class filed by Kevin Adams, Tonia Bowie, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West, Aaron Ross. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 108, # 3 Exhibit 109, # 4 Exhibit 110, # 5 Exhibit 111, # 6 Exhibit 112, # 7 Exhibit 113, # 8 Exhibit 114, # 9 Exhibit 115, # 10 Exhibit 117, # 11 Exhibit 140, # 12 Exhibit 141, # 13 Exhibit 142, # 14 Exhibit 143, # 15 Exhibit 144, # 16 Exhibit 145, # 17 Exhibit 146, # 18 Exhibit 147, # 19 Exhibit 148, # 20 Exhibit 149, # 21 Exhibit 150, # 22 Exhibit 151, # 23 Exhibit 152, # 24 Exhibit 153, # 25 Exhibit 154, # 26 Exhibit 155, # 27 Exhibit 156, # 28 Exhibit 157, # 29 Exhibit 158)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean)

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12/08/2008 12/08/2008 12/09/2008 12/15/2008
12/15/2008
12/17/2008 12/19/2008 12/19/2008
12/19/2008 12/22/2008
12/22/2008 12/22/2008

(Entered: 12/05/2008)
218 PAPERLESS ORDER granting (242)Consent Motion for Leave to File Reply in Excess of 25 Pages in case 1:05−cv−01287−CCB; granting (216) Motion for Leave to File Excess Pages in case 1:06−cv−01863−CCB. Signed by Judge Catherine C. Blake on 12/8/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 12/08/2008)
219 NOTICE of Appearance by Neal Marcellas Janey, Jr on behalf of Baltimore City Police Department, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, Ronald S. Mealey (Janey, Neal) (Entered: 12/08/2008)
220 PAPERLESS ORDER APPROVING THE REQUEST that Plaintiffs be excused from attending the December 17, 2008 settlement conference. Signed by Magistrate Judge Paul W. Grimm on 12/09/08. (Grimm, Paul) (mvz) (Entered: 12/09/2008)
221 NOTICE of Appearance by George A Nilson on behalf of Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Nilson, George) (Entered: 12/15/2008)
222 Joint MOTION for Extension of Time by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Sheila Dixon, Gary D. Maynard, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, John Does, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, State Of Maryland, Mary Ann Saar, William Smith, Donald Wilson, Mitchell Franks, Susan Murphy, Robert Lowery, Aaron Stoner Responses due by 1/1/2009 (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order Proposed Order)(Dowdle, Stephenie) (Entered: 12/15/2008)
Settlement Conference held on 12/17/2008 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 12/18/2008)
223 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 12/19/2008)
224 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 12/19/2008)
225 STATUS REPORT by Mitchell Franks, Susan Murphy, William Jednorski, Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 12/19/2008)
226 Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Conti, Michael) (Entered: 12/22/2008)
227 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 12/22/2008)
Telephone Conference held on 12/22/2008 before Judge Catherine C. Blake. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 12/29/2008)

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12/23/2008

228 PAPERLESS ORDER Confirming and Scheduling the Second Settlement in this case for Thursday, February 5, 2009 at 10:00 a.m. as the date agreed to by all counsel. Signed by Magistrate Judge Paul W. Grimm on 12/23/08.(Grimm, Paul)(jnf) (Entered: 12/23/2008)

12/23/2008 229 Correspondence re: forthcoming motion to compel (Dowdle, Stephenie) (Entered: 12/23/2008)

12/24/2008

230 MARGINAL ORDER APPROVING AS AMENDED 225 Status Report filed by William Smith, Susan Murphy, Mary Ann Saar, Mitchell Franks, William Jednorski, State Of Maryland, Gary D. Maynard; Telephone Conference scheduled for February 6, 2009. Signed by Judge Catherine C. Blake on 12/24/08. (mcb, Deputy Clerk) (Entered: 12/29/2008)

12/24/2008

231 ORDER CONFIRMING the schedule set during the Telephone Conference on December 22, 2008. Signed by Judge Catherine C. Blake on 12/24/08. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(mcb, Deputy Clerk) (Entered: 12/29/2008)

01/09/2009

232 NOTICE by Mitchell Franks, Susan Murphy, William Jednorski, Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy re (245 in 1:05−cv−01287−CCB) Appeal of Magistrate Judge Decision to District Court (Attachments: # 1 Exhibit 1 (NAACP Plaintiffs' Document Request), # 2 Exhibit 2 (Transcript of December 17, 2008 Deposition of Mitchell Franks))Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Brockman, William) (Entered: 01/09/2009)

01/14/2009

233 MOTION to Compel the Depositions of Sergeants Robinson and Eames by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Responses due by 2/2/2009 (Attachments: # 1 Memorandum in Support of Motion to Compel, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Kochtitzky Jacques, Elise) (Entered: 01/14/2009)

01/27/2009 234 MOTION to Appear Pro Hac Vice for Sarah Wilson on behalf of Maryland State Conference of NAACP Branches. Filing fee $ 50, receipt number 14637031355. (hmls, Deputy Clerk) (Entered: 01/27/2009)

01/28/2009

235 PAPERLESS ORDER granting 234 Motion to Appear Pro Hac Vice for attorney Sarah A Wilson on behalf of Maryland State Conference of NAACP Branches. Directing attorney Sarah A Wilson to register on−line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 1/28/09. (cmns, Deputy Clerk) (Entered: 01/28/2009)

02/02/2009

236 RESPONSE in Opposition re 233 MOTION to Compel the Depositions of Sergeants Robinson and Eames filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, Sheila Dixon, Heron, J. Grey, Joseph Chin, Southard, Michael Pinkosz, Lolando L. Hamilton, David A. Crites, Jr, Ronald S. Mealey, Sgt. Pecha, B. Newkirk, Arnold Jones. Replies due by 2/17/2009. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Conti, Michael) (Entered: 02/02/2009)

02/04/2009 237 Correcting Earlier Submission (Attachments: # 1 Exhibit 2)(Conti, Michael) (Entered: 02/04/2009)

02/04/2009

238 STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Timothy Johnson, Tavis Crockett, Raffic Scott, Kerrell K. Wright, Carol Higgs, Armondo Horsey, Jonathan Lindsay, Erin Marcus, Jeffrey Chapman, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/04/2009)

02/05/2009 239 STATUS REPORT (Joint) by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 02/05/2009)

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02/05/2009

Settlement Conference held on 2/5/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 02/09/2009)

02/06/2009

240 Status Report Submitted Regarding Discovery and Motions Deadlines by William Jednorski, Gary D. Maynard, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 02/06/2009)

02/06/2009 241 Miscellaneous Correspondence to counsel confirming schedule discussed during conference call. (blcs, Chambers) (Entered: 02/06/2009)

02/06/2009 242 Joint MOTION to Stay by Maryland State Conference of NAACP Branches Responses due by 2/23/2009 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/06/2009)

02/08/2009 243 NOTICE of Appearance by Mark Houston Grimes on behalf of Baltimore City Police Department (Grimes, Mark) (Entered: 02/08/2009)

02/09/2009

244 PAPERLESS ORDER Granting (262) Motion to Stay in case 1:05−cv−01287−CCB; Granting (242) Motion to Stay in case 1:06−cv−01863−CCB, as proposed. Signed by Judge Catherine C. Blake on February 9, 2009. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(blcs, Chambers) (Entered: 02/09/2009)

03/25/2009 245 Settlement Conference − requesting (Morrow, Jason) (Entered: 03/25/2009)

03/31/2009 246 STATUS REPORT by Jemini Jones. (Owens, David) (Entered: 03/31/2009)

03/31/2009 247 STATUS REPORT (Joint) by Baltimore City Police Department, Maryland State Conference of NAACP Branches. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/31/2009)

04/01/2009 248 STATUS REPORT by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 04/01/2009)

04/01/2009 249 STATUS REPORT of Defendants by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Eason, Alan) (Entered: 04/01/2009)

04/01/2009 250 STATUS REPORT , Corrected, of Defendants by Mitchell Franks, Susan Murphy, William Jednorski. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Eason, Alan) (Entered: 04/01/2009)

04/01/2009

Settlement Conference held on 4/1/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 04/03/2009)

04/02/2009 251 Letter ORDER confirming the dates set during the telephone conference call. Signed by Judge Catherine C. Blake on 4/2/09. (hmls, Deputy Clerk) (Entered: 04/02/2009)

04/21/2009 252 NOTICE of Appearance by Bennett B Borden on behalf of all plaintiffs (Borden, Bennett) (Entered: 04/21/2009)

04/21/2009 253 Request for Conference (Borden, Bennett) (Entered: 04/21/2009)

04/21/2009

254 PAPERLESS ORDER CONFIRMING PAPER NO. 253 − continuation of settlement set for May 13, 2009 at 9:30 a.m. as agreed to in telephonic settlement conference of 4/1/09. Signed by Magistrate Judge Paul W. Grimm on 4/21/09. (Grimm, Paul)(jnf) (Entered: 04/21/2009)

05/01/2009 255 Consent MOTION for Extension of Time to Complete Discovery by State Of Maryland. Responses due by 5/18/2009 (Attachments: # 1 Text of Proposed Order)(Brockman, William) (Entered: 05/01/2009)

05/05/2009 256 ORDER granting 255 CONSENT Motion of the State Defendants for Enlargement of Time to Permit Informal Resolution of Discovery Disputes as therein set forth. Signed by Judge Catherine C. Blake on 5/5/09. (mcb, Deputy Clerk) (Entered: 05/05/2009)

05/12/2009 257 Joint Correspondence re: Conference Scheduled for May 13, 2009 (Morrow, Jason) (Entered: 05/12/2009)

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05/12/2009 258 PAPERLESS ORDER APPROVING PAPER NO. 257. Plaintiffs' counsel will contact Defense counsel, and then contact the Court. Signed by Magistrate Judge Paul W. Grimm on 05/12/09. (Grimm, Paul) (mvz) (Entered: 05/12/2009)

05/13/2009

Telephone Conference held on 5/13/2009 before Magistrate Judge Paul W. Grimm. (mcb, Deputy Clerk) (Entered: 05/13/2009)

05/13/2009 259 LETTER ORDER. Signed by Magistrate Judge Paul W. Grimm on 5/13/09. (mcb, Deputy Clerk) (Entered: 05/13/2009)

06/15/2009

Telephone Conference held on 6/15/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 06/16/2009)

06/26/2009 260 Joint MOTION to Stay and for Mediation by Mitchell Franks, Susan Murphy, William Jednorski Responses due by 7/13/2009 Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Eason, Alan) (Entered: 06/26/2009)

08/27/2009 261 Consent MOTION for Extension of Time by Maryland State Conference of NAACP Branches Responses due by 9/14/2009 (Borden, Bennett) (Entered: 08/27/2009)

08/27/2009 262 Paperless ORDER granting 261 Consent Motion to Extend Deadline. Status Report due December 8, 2009. Signed by Judge Catherine C. Blake on 8/27/09. (Blake, Catherine) (Entered: 08/27/2009)

09/01/2009

263 PAPERLESS ORDER scheduling a Telephone Conference for Wednesday, September 16, 2009, at 10:00 a.m., regarding the scheduling of a further settlement in this case. The Court asks that Mr. Bennett Borden initiate the call to counsel and the Court. Signed by Magistrate Judge Paul W. Grimm on 9/1/09. (Grimm, Paul)(jnf) (Entered: 09/01/2009)

09/16/2009

264 PAPERLESS ORDER scheduling a Telephone Settlement Conference for Monday, November 9, 2009 at 3:00 p.m., as per telephone conference held on September 9, 2009, with consent of all parties. The Court asks that Mr. Daniel Cantu initiate the call to counsel and the Court. Signed by Magistrate Judge Paul W. Grimm on 9/16/09. (Grimm, Paul) (Entered: 09/16/2009)

09/16/2009

265 AMENDED PAPERLESS ORDER scheduling a Telephone Settlement Conference for Monday, November 9, 2009 at 3:00 p.m., as per telephone conference held on SEPTEMBER 16, 2009, with consent of all parties. The Court asks that Mr. Daniel Cantu initiate the call to counsel and the Court. Signed by Magistrate Judge Paul W. Grimm on 9/16/09.(Grimm, Paul)(jnf) (Entered: 09/16/2009)

10/19/2009 266 NOTICE by Baltimore City Branch of the NAACP of Settlement Conference November 20, 2009 (Borden, Bennett) (Entered: 10/19/2009)

11/20/2009

Settlement Conference held on 11/20/2009 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 11/24/2009)

11/24/2009

Set Status Report Deadline: Status Report due by 12/23/2009. (hmls, Deputy Clerk) (Entered: 11/24/2009)

12/07/2009 267 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, William Smith, State Of Maryland (Brockman, William) (Entered: 12/07/2009)

12/14/2009 268 PAPERLESS ORDER APPROVING 267 Status Report. A further Status Report is due January 15, 2010. Signed by Judge Catherine C. Blake on December 14, 2009. (Blake, Catherine) (Entered: 12/14/2009)

12/17/2009

269 PAPERLESS ORDER asking counsel for Plaintiffs and counsel for the State Defendants to schedule a telephone confrence with the Court to discuss whether any further settlement discussions would be productive. Signed by Magistrate Judge Paul W. Grimm on 12/18/09. (Grimm, Paul)(jnf) (Entered: 12/17/2009)

12/23/2009 270 Correspondence re: January 6, 2010 teleconference (Pothier, Karl) (Entered: 12/23/2009)

12/29/2009 271 MOTION to Withdraw as Attorney /Co−counsel by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State

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01/04/2010 01/05/2010 01/07/2010 01/14/2010 01/15/2010 01/19/2010 02/01/2010 02/01/2010 02/11/2010 02/19/2010
02/22/2010 02/26/2010
03/01/2010 03/05/2010
03/08/2010 03/16/2010 03/22/2010

Conference of NAACP Branches, Aaron Stoner, Donald Wilson, Kerrell K. Wright Responses due by 1/15/2010 (Wharwood, Dave) (Entered: 12/29/2009)
272 PAPERLESS ORDER granting 271 Motion to Withdraw as Attorney. Attorney Dave Merwin Wharwood terminated. Signed by Judge Catherine C. Blake on 1/4/10. (hmls, Deputy Clerk) (Entered: 01/04/2010)
Telephone Conference re Settlement held on 1/5/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 01/07/2010)
273 PAPERLESS ORDER scheduling further settlement negotiations for Monday, February 1, 2010 at 9:30 a.m. Signed by Magistrate Judge Paul W. Grimm on 1/7/10. (jnf) (Entered: 01/07/2010)
274 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, State Of Maryland (Brockman, William) (Entered: 01/14/2010)
275 STATUS REPORT by Maryland State Conference of NAACP Branches. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 01/15/2010)
276 PAPERLESS Correspondence: The Status Report and proposed schedule as to the State defendants is due no later than February 8, 2010. (Blake, Catherine) (Entered: 01/19/2010)
(FILED IN ERROR − NOT A TELEPHONE CONFERENCE) Telephone Conference re Settlement held on 2/1/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) Modified on 2/2/2010 (hmls, Deputy Clerk). (Entered: 02/02/2010)
Settlement Conference held on 2/1/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 02/02/2010)
277 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, William Smith, State Of Maryland (Brockman, William) (Entered: 02/11/2010)
278 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 02/19/2010)
279 PAPERLESS ORDER APPROVING 278 Status Report Submitted; further Status Report due February 26, 2010. Signed by Judge Catherine C. Blake on February 22, 2010. (Blake, Catherine) (Entered: 02/22/2010)
280 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 02/26/2010)
281 PAPERLESS ORDER APPROVING 280 Status Report and request to submit proposed schedule by March 5, 2010. Signed by Judge Catherine C. Blake on March 1, 2010. (Blake, Catherine) (Entered: 03/01/2010)
282 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 03/05/2010)
283 Miscellaneous Correspondence to counsel: Thank you for your March 5, 2010 status update. A further status report is due May 5, 2010. (Blake, Catherine) (Entered: 03/08/2010)
Settlement Telephone Conference held on 3/16/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 03/17/2010)
Telephone Conference re Settlement held on 3/22/2010 before Magistrate Judge Paul W. Grimm. (hmls, Deputy Clerk) (Entered: 03/30/2010)

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04/09/2010

284 STATUS REPORT by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Morrow, Jason) (Entered: 04/09/2010)

04/09/2010 285 Status Report Submitted by Mitchell Franks, Gary D. Maynard, Susan Murphy, Mary Ann Saar, William Smith, State Of Maryland (Brockman, William) (Entered: 04/09/2010)

04/12/2010 286 Paperless ORDER Approving re 284 Status Report, further status report due by May 7, 2010. Signed by Judge Catherine C. Blake on 4/12/10. (Blake, Catherine) (Entered: 04/12/2010)

05/05/2010

287 Status Report Submitted Regarding Claims Against State Defendants by Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Armondo Horsey, Evan Howard, Timothy Johnson, Robert Lowery, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright (Rocah, David) (Entered: 05/05/2010)

05/06/2010 288 PAPERLESS ORDER APPROVING 287 Status Report. Signed by Judge Catherine C. Blake on May 6, 2010. (Blake, Catherine) (Entered: 05/06/2010)

05/10/2010

289 STATUS REPORT by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Morrow, Jason) (Entered: 05/10/2010)

05/11/2010 290 PAPERLESS ORDER APPROVING 289 Status Report and requested extension until May 24, 2010. Signed by Judge Catherine C. Blake on May 11, 2010. (Blake, Catherine) (Entered: 05/11/2010)

05/26/2010

291 STATUS REPORT by Baltimore City Branch of the NAACP, Tyrone Braxton, Jeffrey Chapman, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Morrow, Jason) (Entered: 05/26/2010)

05/27/2010 292 PAPERLESS ORDER APPROVING 291 Status Report. Extension until June 15, 2010 Approved. Signed by Judge Catherine C. Blake on May 27, 2010. (Blake, Catherine) (Entered: 05/27/2010)

06/17/2010

293 STATUS REPORT (Joint) by Baltimore City Branch of the NAACP, Baltimore City Police Department, Tyrone Braxton, Marcus Brown, Jeffrey Chapman, Joseph Chin, Kevin Clark, David A. Crites, Jr, Tavis Crockett, Sheila Dixon, J. Grey, Lolando L. Hamilton, Leonard Hamm, Heron, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Arnold Jones, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Mayor and City Council of the City of Baltimore, B. Newkirk, Edward T. Norris, Martin O O'Malley, Sgt. Pecha, Michael Pinkosz, Raffic Scott, Southard, Aaron Stoner, Donald Wilson, Kerrell K. Wright. (Dowdle, Stephenie) (Entered: 06/17/2010)

06/17/2010 294 PAPERLESS ORDER APPROVING 293 Status Report and proposal for extension until June 25, 2010. Signed by Judge Catherine C. Blake on June 17, 2010. (Blake, Catherine) (Entered: 06/17/2010)

06/25/2010

295 MOTION for Settlement Pursuant to Agreed Order by Baltimore City Branch of the NAACP, Tyrone Braxton, Tavis Crockett, Carol Higgs, Armondo Horsey, Evan Howard, Timothy Johnson, Jonathan Lindsay, Robert Lowery, Erin Marcus, Maryland State Conference of NAACP Branches, Raffic Scott, Aaron Stoner, Donald Wilson, Kerrell K. Wright Responses due by 7/12/2010 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Morrow, Jason) (Entered: 06/25/2010)

06/29/2010 296 ORDER granting 295 Motion for Settlement (Agreed Order of Dismissal). Signed by Judge Catherine C. Blake on 6/29/10. (Attachments: # 1 Stipulation of Settlement) (hml, Deputy Clerk) (Entered: 06/29/2010)

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06/29/2010

Magistrate Judge Paul W. Grimm no longer assigned to case. (hmls, Deputy Clerk) (Entered: 07/08/2010)