Filed March 30, 2007 --Opinion by Judge Catherine Blake
Ward, an inmate at the Western Correctional Institution ("WCI"), alleged that medical personnel at WCI had denied him medical treatment and housing for his complaints regarding knee and lower back problems related to an old automobile accident. The court considered motions to dismiss and/or for summary judgment, granting all but those pertaining to Plaintiff's claims against defendants Hammond, Van Meter, and Tessema (respectively, a nurse practitioner, nurse, and physician at WCI) for his medical treatment prior to July 1, 2005, based on a delay in providing treatment prior to that date.
The count asserted against Department of Public Safety and Correctional Services ("DPSCS") was dismissed because DPSCS is not a "person" under 42 U.S.C. § 1983 and is entitled to Eleventh Amendment immunity. Defendants CMS and PHS were dismissed because the doctrine of respondeat superior liability does not apply to § 1983 claims. The count asserted against those defendants stemmed from violations of prison directives, which the court held did not give rise to a § 1983 claim or a private right of action.
The court explained that a denial of medical care claim in violation of the Eighth Amendment required the plaintiff to prove an objectively serious medical condition and a subjective component of deliberate indifference on the part of prison officials or health care personnel. The Court determined that there was no dispute that Ward had a medical problem involving his knees relating to injuries suffered in a motor vehicle accident in the mid 1980's. The Court found a genuine dispute of material fact regarding the constitutionality of the level of care received by Ward for his orthopedic condition prior to July 1, 2005. Thus summary judgment was not granted for that time period as to the medical defendants.
The Opinion and Order are available in PDF.
Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts
Tuesday, April 10, 2007
Sykes v. Wicomico County (Maryland U.S.D.C.) (Not approved for publication)
Filed March 30, 2007 --Opinion by Judge Catherine Blake
Tyrone Sykes sued the defendants, Officers Phillips and Alessandrini for violations of federal and state law arising out of a scuffle during his arrest for criminal trespass in Salisbury, Maryland. In a Maryland district court trial, Sykes was found not guilty of the criminal trespass charge, after the judge found no probable cause for his arrest. The judge noted that under the common law one could resist reasonably in an unlawful arrest. In federal court Sykes alleged violations that included assault, battery, false imprisonment, false arrest, malicious prosecution, excessive force, violation of the Maryland Declaration of Rights, and violation of 42 U.S.C. § 1983.
Sykes claimed that his Fourth Amendment rights were violated because the defendants illegally searched his person after arresting him without a warrant. The court denied summary judgment on that claim because of a genuine dispute of material fact as to whether the officers had probable cause for the arrest. The court rejected summary judgment for the defendants based on qualified immunity because as stated by Syke’s version of the events, an arrest for trespass, and subsequent search, by the police without express authorization or prior agreement, and where the plaintiff articulates a plausibly legitimate reason for being on the premises, which has been acknowledged by the officer, is a constitutional violation.
Finding that the notice provisions of the Maryland Tort Claims Act do not implicate individual state employees, the court held that Sykes’s possible failure to comply with the MTCA would not bar his claim.
The defendants claimed that they were entitled to statutory immunity for the state law claims but the court rejected that as a basis for summary judgment because on the facts taken in the light most favorable to Sykes there was evidence sufficient for a jury to find actual malice, which would preclude qualified immunity. Analyzing the claims of excessive force during an arrest under the Fourth Amendment’s objective reasonableness standard and again taking the facts in the light most favorable to the plaintiff, the Court found a genuine dispute of material fact concerning whether defendants used excessive force.
With respect to the assault and battery claims, the court noted that police officials are not responsible in inflicting injury on a person being arrested, unless the officer acts with malice or gross negligence. Because there was a genuine dispute as to whether the police officers lacked probable cause in arresting Sykes for trespass, and taking the facts in the light most favorable to Sykes, the judge denied summary judgment on that basis because a jury could find malice in the defendants’ actions. On a similar reasoning, the court found summary judgment inappropriate as to the false arrest, false imprisonment, and malicious prosecution allegations.
The Opinion and Order are available in PDF.
Tyrone Sykes sued the defendants, Officers Phillips and Alessandrini for violations of federal and state law arising out of a scuffle during his arrest for criminal trespass in Salisbury, Maryland. In a Maryland district court trial, Sykes was found not guilty of the criminal trespass charge, after the judge found no probable cause for his arrest. The judge noted that under the common law one could resist reasonably in an unlawful arrest. In federal court Sykes alleged violations that included assault, battery, false imprisonment, false arrest, malicious prosecution, excessive force, violation of the Maryland Declaration of Rights, and violation of 42 U.S.C. § 1983.
Sykes claimed that his Fourth Amendment rights were violated because the defendants illegally searched his person after arresting him without a warrant. The court denied summary judgment on that claim because of a genuine dispute of material fact as to whether the officers had probable cause for the arrest. The court rejected summary judgment for the defendants based on qualified immunity because as stated by Syke’s version of the events, an arrest for trespass, and subsequent search, by the police without express authorization or prior agreement, and where the plaintiff articulates a plausibly legitimate reason for being on the premises, which has been acknowledged by the officer, is a constitutional violation.
Finding that the notice provisions of the Maryland Tort Claims Act do not implicate individual state employees, the court held that Sykes’s possible failure to comply with the MTCA would not bar his claim.
The defendants claimed that they were entitled to statutory immunity for the state law claims but the court rejected that as a basis for summary judgment because on the facts taken in the light most favorable to Sykes there was evidence sufficient for a jury to find actual malice, which would preclude qualified immunity. Analyzing the claims of excessive force during an arrest under the Fourth Amendment’s objective reasonableness standard and again taking the facts in the light most favorable to the plaintiff, the Court found a genuine dispute of material fact concerning whether defendants used excessive force.
With respect to the assault and battery claims, the court noted that police officials are not responsible in inflicting injury on a person being arrested, unless the officer acts with malice or gross negligence. Because there was a genuine dispute as to whether the police officers lacked probable cause in arresting Sykes for trespass, and taking the facts in the light most favorable to Sykes, the judge denied summary judgment on that basis because a jury could find malice in the defendants’ actions. On a similar reasoning, the court found summary judgment inappropriate as to the false arrest, false imprisonment, and malicious prosecution allegations.
The Opinion and Order are available in PDF.
Thursday, February 22, 2007
Henderson v. Gilbert (Maryland U.S.D.C.) (Not Approved for Publication)
Filed February 20, 2007--Opinion by Judge J. Frederick Motz. (Not approved for publication.)
Henderson brought this pro se employment discrimination action against Defendants Anne Arundel County Board of Education ("the Board"); John Gilbert, the foreman of operations for Anne Arundel County Schools; Walter George, the supervisor of operations for the Anne Arundel County Schools; and Sue Torr, who served as principal of Solley Elementary School ("Solley"). Other claims in the case had previously been dismissed. Here, the Court granted the Defendants' Motion for Summary Judgment as to the remaining three claims: Aalleged violation of Article 24 of the Maryland Declaration of Rights by all defendants; alleged violations of Title VII by the Board; and alleged federal constitutional violations by the individual defendants asserted under 42 U.S.C. 1983 and 1985(3).
The instant action arises from the denial of the promotion and from suspensions imposed on Henderson while he was employed as the Chief Custodian at Solley on three separate occasions. He alleged discrimination based upon his race and he also claimed that he was retaliated against after he filed his EEOC complaint.
The Title VII Claims Against the Board. Held: Henderson has not been able to establish a prima facie case for race discrimination because he has not been able to identify any employee of Solley--or the Board more broadly--who had similar work performance issues but received less severe discipline.
The Maryland Constitutional Claim Against All Defendants. Held: This claim fails for the same reasons as does Henderson's Title VII claims. Furthermore, the individual defendants are protected by a qualified privilege since the "facts establish that the individual defendants did not act with malice or gross negligence." Here, the term "malice" was defined as the "[intentional performance of] an act without legal justification or excuse, but with an evil or rancorous motive influenced by hate, the purpose being to deliberately and willfully injure the plaintiff."
The Federal Constitutional Claims Against Individual Defendants. Held: This claim fails for the same reasons as does Henderson's Title VII claims. Furthermore, the Court held that the individual defendants did not play a role in the decision-making process leading to Henderson's failure to be promoted.
A copy of the opinion and order is available in PDF.
Henderson brought this pro se employment discrimination action against Defendants Anne Arundel County Board of Education ("the Board"); John Gilbert, the foreman of operations for Anne Arundel County Schools; Walter George, the supervisor of operations for the Anne Arundel County Schools; and Sue Torr, who served as principal of Solley Elementary School ("Solley"). Other claims in the case had previously been dismissed. Here, the Court granted the Defendants' Motion for Summary Judgment as to the remaining three claims: Aalleged violation of Article 24 of the Maryland Declaration of Rights by all defendants; alleged violations of Title VII by the Board; and alleged federal constitutional violations by the individual defendants asserted under 42 U.S.C. 1983 and 1985(3).
The instant action arises from the denial of the promotion and from suspensions imposed on Henderson while he was employed as the Chief Custodian at Solley on three separate occasions. He alleged discrimination based upon his race and he also claimed that he was retaliated against after he filed his EEOC complaint.
The Title VII Claims Against the Board. Held: Henderson has not been able to establish a prima facie case for race discrimination because he has not been able to identify any employee of Solley--or the Board more broadly--who had similar work performance issues but received less severe discipline.
The Maryland Constitutional Claim Against All Defendants. Held: This claim fails for the same reasons as does Henderson's Title VII claims. Furthermore, the individual defendants are protected by a qualified privilege since the "facts establish that the individual defendants did not act with malice or gross negligence." Here, the term "malice" was defined as the "[intentional performance of] an act without legal justification or excuse, but with an evil or rancorous motive influenced by hate, the purpose being to deliberately and willfully injure the plaintiff."
The Federal Constitutional Claims Against Individual Defendants. Held: This claim fails for the same reasons as does Henderson's Title VII claims. Furthermore, the Court held that the individual defendants did not play a role in the decision-making process leading to Henderson's failure to be promoted.
A copy of the opinion and order is available in PDF.
Friday, February 16, 2007
Valderrama v. Honeywell Technology Solutions, Inc. (Maryland U.S.D.C.)(Approved for publication)
Decided February 14, 2007--Opinion by Chief Judge Benson Everett Legg (approved for publication)
Valderrama, a pro se litigant, sued Honeywell Technology Solutions, Inc. ("HTSI"), claiming violations of Title VII of the Civil Rights Act of 1964 (retaliation, national origin discrimination and sex discrimination) and state law tort claims arising out of an alleged violation of her privacy. After extensive discovery, HTSI moved for summary judgment. The Court granted the motion and dismissed all counts of the complaint.
In order to maintain a Title VII action, a Maryland plaintiff must file a charge of discrimination with the EEOC or with the Maryland Commission on Human Relations within 300 days of the discriminatory act. Typically, complainants use an EEOC form document to file a charge. Valderrama, however, did not use the EEOC form. Instead, she offered a copy of an EEOC Intake Questionnaire as evidence that she timely filed the necessary charge of discrimination.
The Court, noting that the 4th Circuit has never precisely ruled on whether such a questionnaire is sufficient to satisfy the timeliness requirement, compared the contents of Valderrama's questionnaire with the definition of a charge. Quoting EEOC regulations, the Court stated: "a charge should contain 'a clear and concise statement of facts, including pertinent dates, constituting the alleged unlawful employment practices.' [Citation omitted.] At a minimum, the charge must be 'sufficiently precise to identify the parties, and to describe generally the action or practices complained of.'" If a document other than a charge meets this standard and is intended to trigger the machinery of Title VII enforcement, it will suffice to meet the timeliness requirement. Valderrama's allegations in the questionnaire that unidentified persons had made comments about her, however, were insufficient to constitute a timely charge.
The Court considered Valderrama's other claims, found them all lacking in factual support, and dismissed all of them, including the state law claims. The Court retained jurisdiction of the state law claims for the express purpose of dismissing them, noting that allowing the claims to be refiled in state court would be wasteful, "... because they would inevitably be dismissed as unfounded."
The full opinion is available in PDF.
Valderrama, a pro se litigant, sued Honeywell Technology Solutions, Inc. ("HTSI"), claiming violations of Title VII of the Civil Rights Act of 1964 (retaliation, national origin discrimination and sex discrimination) and state law tort claims arising out of an alleged violation of her privacy. After extensive discovery, HTSI moved for summary judgment. The Court granted the motion and dismissed all counts of the complaint.
In order to maintain a Title VII action, a Maryland plaintiff must file a charge of discrimination with the EEOC or with the Maryland Commission on Human Relations within 300 days of the discriminatory act. Typically, complainants use an EEOC form document to file a charge. Valderrama, however, did not use the EEOC form. Instead, she offered a copy of an EEOC Intake Questionnaire as evidence that she timely filed the necessary charge of discrimination.
The Court, noting that the 4th Circuit has never precisely ruled on whether such a questionnaire is sufficient to satisfy the timeliness requirement, compared the contents of Valderrama's questionnaire with the definition of a charge. Quoting EEOC regulations, the Court stated: "a charge should contain 'a clear and concise statement of facts, including pertinent dates, constituting the alleged unlawful employment practices.' [Citation omitted.] At a minimum, the charge must be 'sufficiently precise to identify the parties, and to describe generally the action or practices complained of.'" If a document other than a charge meets this standard and is intended to trigger the machinery of Title VII enforcement, it will suffice to meet the timeliness requirement. Valderrama's allegations in the questionnaire that unidentified persons had made comments about her, however, were insufficient to constitute a timely charge.
The Court considered Valderrama's other claims, found them all lacking in factual support, and dismissed all of them, including the state law claims. The Court retained jurisdiction of the state law claims for the express purpose of dismissing them, noting that allowing the claims to be refiled in state court would be wasteful, "... because they would inevitably be dismissed as unfounded."
The full opinion is available in PDF.
Thursday, January 25, 2007
Price v. State (Ct. of Special Appeals)
Decided January 25, 2007--Opinion by Judge James R. Eyler
Price was convicted by a jury of possession of heroin, possession of cocaine, possession of marijuana, and possession of a firearm under sufficient circumstances to constitute a nexus to a drug trafficking crime. The court sentenced Price to eight years imprisonment on the heroin possession, a consecutive eight years imprisonment on the cocaine possession, two years concurrent on the marijuana possession, and another twelve years imprisonment consecutive on the possession of a firearm conviction.
Four issues were raised on appeal:
1) Whether the evidence was sufficient to sustain Price's convictions;
2) Whether the court erred by refusing to ask an impaneled juror, who was later dismissed, whether he had discussed the reason for his dismissal with any of the other jurors;
3) Whether the court erred by doubling Price’s sentences for all three drug possession convictions pursuant to Maryland Code (2002 Repl. Vol.) §5-905 of the Criminal Law ("C.L.") Article;
4) Whether the court erred by allowing the jury to convict Price of possession of a handgun in connection with trafficking, and acquit him of all other drug trafficking charges.
Held:
1) To support a conviction for the offense of simple possession, the evidence must show directly or support a rational inference that the accused did in fact exercise some dominion or control over the prohibited drugs in the sense contemplated by the statute, i.e., that the accused exercised some restraining or directing influence over it. Additionally, the accused, in order to be found guilty, must know of both the presence and the general character or illicit nature of the substance and referred to the following factors to determine the issue of possession:
(i) proximity between the Defendant and the contraband, (ii) the fact that the contraband was within the view or otherwise within the knowledge of Defendant, (iii) ownership or some possessory right in the premises or the automobile in which the contraband is found, or (iv) the presence or circumstances from which a reasonable inference could be drawn that the Defendant was participating with others in the mutual use and enjoyment of the contraband.
The evidence adduced at trial consisted mainly of testimony of the police officers who were conducting surveillance. From this testimony, the court found, the jury could have reasonably concluded that Price was in close proximity and had knowledge of the presence of the drugs, inferred that Price was participating in the sale and that the gun and money thrown by Price were instruments related to the sale of the drugs. Thus, the evidence was sufficient to support Price's possession convictions.
2) A note left by juror number 4 for the judge indicated concern by the juror of potential reprisal given that he resided within close proximity to the neighborhood where Price was arrested. Prior to dismissal of the juror, Defense argued that the juror should be questioned as to whether he explained his dismissal to other jurors, potentially tainting the jury. The court found that, on several occasions, the jurors had been admonished not to discuss the case, and the trial court did not abuse its discretion by dismissing the juror without further inquiry as to whether he had discussed with anyone his reasons for wanting to be dismissed.
3) The State contends that C.L. §5-905 authorized the court to double Price's sentences because of his status as a repeat offender. Price countered that doubling his sentences is explicitly limited to one count only. The court found the language of §5-905 ambiguous; that the language of the statute does not make clear whether an enhanced penalty can be imposed on each and every count arising out of a single course of conduct, or whether an enhanced penalty can only be imposed on one count of a multi-count charging document based on a single course of conduct. Relying on Diaz v. State, the rule of lenity applied and required vacating Price's sentences.
4) The court noted that although unexplained, inconsistent verdicts rendered by a trial judge cannot stand, inconsistent verdicts in a jury trial are generally tolerated under Maryland law. At the appellate level, the court will review such inconsistent verdicts where real prejudice is shown and the verdicts may be attributable to errors in the jury charge.
The jury, without finding Price guilty of one of the drug trafficking offenses, found him guilty of possession of a firearm with a nexus to drug trafficking. Price conceded that the jury instructions were correct and the court decided not to disturb the jury’s verdict.
A copy of the opinion is available in PDF.
Price was convicted by a jury of possession of heroin, possession of cocaine, possession of marijuana, and possession of a firearm under sufficient circumstances to constitute a nexus to a drug trafficking crime. The court sentenced Price to eight years imprisonment on the heroin possession, a consecutive eight years imprisonment on the cocaine possession, two years concurrent on the marijuana possession, and another twelve years imprisonment consecutive on the possession of a firearm conviction.
Four issues were raised on appeal:
1) Whether the evidence was sufficient to sustain Price's convictions;
2) Whether the court erred by refusing to ask an impaneled juror, who was later dismissed, whether he had discussed the reason for his dismissal with any of the other jurors;
3) Whether the court erred by doubling Price’s sentences for all three drug possession convictions pursuant to Maryland Code (2002 Repl. Vol.) §5-905 of the Criminal Law ("C.L.") Article;
4) Whether the court erred by allowing the jury to convict Price of possession of a handgun in connection with trafficking, and acquit him of all other drug trafficking charges.
Held:
1) To support a conviction for the offense of simple possession, the evidence must show directly or support a rational inference that the accused did in fact exercise some dominion or control over the prohibited drugs in the sense contemplated by the statute, i.e., that the accused exercised some restraining or directing influence over it. Additionally, the accused, in order to be found guilty, must know of both the presence and the general character or illicit nature of the substance and referred to the following factors to determine the issue of possession:
(i) proximity between the Defendant and the contraband, (ii) the fact that the contraband was within the view or otherwise within the knowledge of Defendant, (iii) ownership or some possessory right in the premises or the automobile in which the contraband is found, or (iv) the presence or circumstances from which a reasonable inference could be drawn that the Defendant was participating with others in the mutual use and enjoyment of the contraband.
The evidence adduced at trial consisted mainly of testimony of the police officers who were conducting surveillance. From this testimony, the court found, the jury could have reasonably concluded that Price was in close proximity and had knowledge of the presence of the drugs, inferred that Price was participating in the sale and that the gun and money thrown by Price were instruments related to the sale of the drugs. Thus, the evidence was sufficient to support Price's possession convictions.
2) A note left by juror number 4 for the judge indicated concern by the juror of potential reprisal given that he resided within close proximity to the neighborhood where Price was arrested. Prior to dismissal of the juror, Defense argued that the juror should be questioned as to whether he explained his dismissal to other jurors, potentially tainting the jury. The court found that, on several occasions, the jurors had been admonished not to discuss the case, and the trial court did not abuse its discretion by dismissing the juror without further inquiry as to whether he had discussed with anyone his reasons for wanting to be dismissed.
3) The State contends that C.L. §5-905 authorized the court to double Price's sentences because of his status as a repeat offender. Price countered that doubling his sentences is explicitly limited to one count only. The court found the language of §5-905 ambiguous; that the language of the statute does not make clear whether an enhanced penalty can be imposed on each and every count arising out of a single course of conduct, or whether an enhanced penalty can only be imposed on one count of a multi-count charging document based on a single course of conduct. Relying on Diaz v. State, the rule of lenity applied and required vacating Price's sentences.
4) The court noted that although unexplained, inconsistent verdicts rendered by a trial judge cannot stand, inconsistent verdicts in a jury trial are generally tolerated under Maryland law. At the appellate level, the court will review such inconsistent verdicts where real prejudice is shown and the verdicts may be attributable to errors in the jury charge.
The jury, without finding Price guilty of one of the drug trafficking offenses, found him guilty of possession of a firearm with a nexus to drug trafficking. Price conceded that the jury instructions were correct and the court decided not to disturb the jury’s verdict.
A copy of the opinion is available in PDF.
Saturday, January 6, 2007
Harkum v. US (Maryland U.S.D.C.)(not approved for publication)
Decided December 29, 2006 -- Opinion by Judge J. Frederick Motz (not approved for publication)
In a brief memorandum opinion providing relatively few factual details of the case, the United States District Court for the District of Maryland reviewed a motion for summary judgment filed by the United States regarding Plaintiff's six civil counts under Maryland common law arising out of the arrest and shooting of Joseph Schultz. The opinion does not specify either the precise causes of action or the relationship between Plaintiff and Joseph Schultz, but indicates that Plaintiff was in Schultz's presence when a federal agent shot him.
The Court held that sovereign immunity entitled the United States to judgment as a matter of law on Counts I and II of the complaint, holding that the discretionary function exception to the waiver of sovereign immunity under the Federal Tort Claims Act applies to those counts. The Court denied summary judgment against all four remaining counts, finding that a reasonable fact finder could find that the federal agent who shot Schultz did so with recklessness or gross negligence and therefore find for Plaintiff.
The Court also mentioned the existence of a separate, prior federal civil action by Schultz against federal agent Braga, distinguishing the cases in a brief footnote.
The full opinion and associated order are available in PDF format.
In a brief memorandum opinion providing relatively few factual details of the case, the United States District Court for the District of Maryland reviewed a motion for summary judgment filed by the United States regarding Plaintiff's six civil counts under Maryland common law arising out of the arrest and shooting of Joseph Schultz. The opinion does not specify either the precise causes of action or the relationship between Plaintiff and Joseph Schultz, but indicates that Plaintiff was in Schultz's presence when a federal agent shot him.
The Court held that sovereign immunity entitled the United States to judgment as a matter of law on Counts I and II of the complaint, holding that the discretionary function exception to the waiver of sovereign immunity under the Federal Tort Claims Act applies to those counts. The Court denied summary judgment against all four remaining counts, finding that a reasonable fact finder could find that the federal agent who shot Schultz did so with recklessness or gross negligence and therefore find for Plaintiff.
The Court also mentioned the existence of a separate, prior federal civil action by Schultz against federal agent Braga, distinguishing the cases in a brief footnote.
The full opinion and associated order are available in PDF format.
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