Case: Munyiri v. Haduch

1:08-cv-01953 | U.S. District Court for the District of Maryland

Filed Date: July 28, 2008

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Case Summary

Plaintiff, represented by private counsel, filed a 42 U.S.C. § 1983 action in the District of Maryland against officers, the Baltimore Police Department, and police and city officials in their individual and official capacities. Plaintiff sued for damages. The plaintiff was a Registered Nurse who worked at The Johns Hopkins Hospital. On April 12, 2008, she left the hospital at approximately 7:35 p.m. and began her commute home. The police had blocked an exit ramp on I-83 North because of accide…

The plaintiff was a Registered Nurse who worked at The Johns Hopkins Hospital. On April 12, 2008, she left the hospital at approximately 7:35 p.m. and began her commute home. The police had blocked an exit ramp on I-83 North because of accident with a patrol car and road flares. The plaintiff drove over the road flares. The officer entered his patrol vehicle and followed the plaintiff 4/10ths of a mile, and with weapon drawn, ordered the plaintiff to the ground. Plaintiff was arrested for minor traffic violations. Plaintiff was later stripped searched at the Baltimore central booking facility, as was the policy for all arrestees processed at the facility.

In Defendant's 12(b)(6) motion to dismiss, counts were dismissed as to the arresting and searching officers, but denied with respect against the supervisors of the Maryland Department of Public Safety and Correctional Services (DPSCS) and the secretary of DPSCS, as well as the warden of the booking facility.

A motion to dismiss was partially granted and denied on November 2, 2008 by Judge Andre Davis, and another motion to dismiss was partially granted and denied on September 1, 2009 by Judge Catharine Blake. A motion for summary judgment was partially granted and denied on March 31, 2011. As of 04/15/2012, this case is still ongoing, with the parties participating in several scheduling conferences, presumably in preparation for trial.


1:08-cv-01953	Docket [PACER]	April 11, 2013	April 11, 2013 Docket
1 1:08-cv-01953	Complaint and Jury Trial Demand	July 28, 2008	July 28, 2008 Complaint
3 1:08-cv-01953	Motion to Dismiss	Aug. 25, 2008	Aug. 25, 2008 Pleading / Motion / Brief
4 1:08-cv-01953	Consolidated Motion to Dismiss	Aug. 26, 2008	Aug. 26, 2008 Pleading / Motion / Brief
18 1:08-cv-01953	Memorandum Opinion and Order	Nov. 2, 2008	Nov. 2, 2008 Order/Opinion 585 F.Supp.2d 670
36 1:08-cv-01953	Memorandum	Sept. 1, 2009	Sept. 1, 2009 Order/Opinion 2009 WL 2848663
74 1:08-cv-01953	Memorandum	March 31, 2011	March 31, 2011 Order/Opinion
99 1:08-cv-01953	Order Munyiri v. Maynard	March 29, 2013	March 29, 2013 Order/Opinion 2013 WL 1325223

ECF Number	Date	Description	Link
1	July 28, 2008	COMPLAINT against Peter M. Haduch, Jr, Frederick H. Bealefeld, Baltimore City Police Department, Mayor & City Council of Baltimore, Unknown Maryland Correctional Officers, Gary D. Maynard, Naomi Williams (Filing fee $ 350. Receipt # 14637027464), filed by Rosemary Munyiri. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 07/28/2008) 1 Civil Cover Sheet View on PACER	RECAP
2	July 28, 2008	Summons Issued 20 days as to Peter M. Haduch, Jr, Frederick H. Bealefeld, Baltimore City Police Department, Mayor & City Council of Baltimore, Gary D. Maynard, Naomi Williams. (ljs, Deputy Clerk) (Entered: 07/28/2008)	RECAP
3	Aug. 25, 2008	MOTION to Dismiss Complaint by Mayor & City Council of Baltimore Responses due by 9/11/2008 (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order)(Ralph, David) (Entered: 08/25/2008) 1 Memorandum of Law View on PACER 2 Text of Proposed Order View on PACER	RECAP
4	Aug. 26, 2008	MOTION to Dismiss by Peter M. Haduch, Jr, Frederick H. Bealefeld, Baltimore City Police Department Responses due by 9/12/2008 (Attachments: # 1 Memorandum of Law)(Janey, Neal) (Entered: 08/26/2008) 1 Memorandum of Law View on PACER	RECAP
5	Aug. 28, 2008	MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Gary D. Maynard, Naomi Williams. Responses due by 9/15/2008 (Attachments: # 1 Text of Proposed Order Granting Consent Motion for Enlargment of Time to Respond to Complaint)(Eason, Alan) (Entered: 08/28/2008) 1 Text of Proposed Order Granting Consent Motion for Enlargment of Time to Respond View on PACER	RECAP
6	Aug. 28, 2008	PAPERLESS ORDER granting 5 Motion for Extension of Time to File Response. (Judge Davis) (Entered: 08/28/2008)	RECAP
7	Sept. 11, 2008	RESPONSE in Opposition re 4 MOTION to Dismiss filed by Rosemary Munyiri. Replies due by 9/25/2008. (Schulte, Robert) (Entered: 09/11/2008)	RECAP
8	Sept. 11, 2008	PAPERLESS ORDER Setting Hearing on ALL OPEN MOTIONS 3 MOTION to Dismiss Complaint, 4 MOTION to Dismiss : Motion Hearing set for 10/22/2008 03:00 PM in Courtroom 5B before Judge Andre M Davis. (Judge Davis) (Entered: 09/11/2008)	RECAP
9	Sept. 17, 2008	Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Gary D. Maynard, Naomi Williams. Responses due by 10/6/2008 (Attachments: # 1 Text of Proposed Order Granting Consent Motion for Enlargment of Time to Respond to Complaint)(Eason, Alan) (Entered: 09/17/2008) 1 Text of Proposed Order Granting Consent Motion for Enlargment of Time to Respond View on PACER	RECAP
10	Sept. 17, 2008	Second REQUEST for Extension of Time to File Response to Complaint (Eason, Alan) (Entered: 09/17/2008)	RECAP
11	Sept. 18, 2008	PAPERLESS ORDER denying 9 Motion for Extension of Time to File Response/Reply MOTION HEARING IS CALENDARED ON OCTOBER 22, 2008 (Judge Davis) (Entered: 09/18/2008)	RECAP
12	Oct. 7, 2008	NOTICE of Appearance by Laura Mullally on behalf of Gary D. Maynard (Mullally, Laura) (Entered: 10/07/2008)	RECAP
13	Oct. 7, 2008	MOTION to Dismiss by Gary D. Maynard Responses due by 10/24/2008 (Mullally, Laura) (Entered: 10/07/2008)	RECAP
14	Oct. 7, 2008	PAPERLESS ORDER RESetting Hearing on Motion 13 MOTION to Dismiss, 3 MOTION to Dismiss Complaint, 4 MOTION to Dismiss : Motion Hearing set for 10/27/2008 04:00 PM in Courtroom 1A before Judge Andre M Davis. THIS ORDER SUPERCEDES THE ORDER SETTING A HEARING ON OCTOBER 22, 2008. (Judge Davis) (Entered: 10/07/2008)	RECAP
15	Oct. 24, 2008	RESPONSE in Opposition re 13 MOTION to Dismiss by Gary Maynard and Naomi Williams filed by Rosemary Munyiri. Replies due by 11/7/2008. (Schulte, Robert) (Entered: 10/24/2008)	RECAP
16	Oct. 27, 2008	Motion Hearing held on 10/27/2008 re 3 MOTION to Dismiss Complaint filed by Mayor & City Council of Baltimore held before Judge Andre M Davis (Court Reporter M. Zajac) (bma, CRD) (Entered: 10/27/2008)	RECAP
17	Oct. 28, 2008	Correspondence re: Request of Court to provide Statement of Probable Cause (Attachments: # 1 Exhibit Statement of Probable Cause)(Schulte, Robert) (Entered: 10/28/2008) 1 Exhibit Statement of Probable Cause View on PACER	RECAP
18	Nov. 2, 2008	MEMORANDUM OPINION and ORDER granting 3 Motion to Dismiss; granting 4 Motion to Dismiss; denying 13 Motion to Dismiss (Judge Davis) (Entered: 11/02/2008)	RECAP
19	Nov. 14, 2008	ANSWER to Complaint by Gary D. Maynard.(Mullally, Laura) (Entered: 11/14/2008)	RECAP
20	Nov. 14, 2008	SCHEDULING ORDER (Judge Davis) (Entered: 11/14/2008)	RECAP
21	Feb. 23, 2009	MOTION for Extension of Time to Complete Discovery by Gary D. Maynard Responses due by 3/12/2009 (Mullally, Laura) (Entered: 02/23/2009)	RECAP
22	Feb. 23, 2009	ORDER granting 21 Motion for Extension of Time to Complete Discovery (Judge Davis) (Entered: 02/23/2009)	RECAP
23	March 5, 2009	MOTION to Compel Discovery from Defendants Maynard & Williams by Rosemary Munyiri Responses due by 3/23/2009 (Schulte, Robert) (Entered: 03/05/2009)	RECAP
24	March 16, 2009	NOTICE by Rosemary Munyiri re 23 MOTION to Compel Discovery from Defendants Maynard & Williams Withdraw of Motion to Compel (Schulte, Robert) (Entered: 03/16/2009)	RECAP
25	May 11, 2009	(FILED IN ERROR - ATTY TO REFILE) AMENDED COMPLAINT against all plaintiffs, filed by Rosemary Munyiri. (Attachments: # 1 Appendix Comparison Copy of First Amended Complaint)(Schulte, Robert) Modified on 5/11/2009 (hmls, Deputy Clerk). (Entered: 05/11/2009) 1 Appendix Comparison Copy of First Amended Complaint View on PACER	RECAP
26	May 12, 2009	AMENDED COMPLAINT against all defendants, filed by Rosemary Munyiri. (Attachments: # 1 Appendix Comparison Copy (Caption Page), # 2 Appendix Comparison Copy (Body of Complaint))(Schulte, Robert) (Entered: 05/12/2009) 1 Appendix Comparison Copy (Caption Page) View on PACER 2 Appendix Comparison Copy (Body of Complaint) View on PACER	RECAP
29	May 29, 2009	MOTION to Dismiss first amended complaint by Gary D. Maynard Responses due by 6/15/2009 (Attachments: # 1 Text of Proposed Order, # 2 memorandum in support of motion to dismiss first amended complaint, # 3 Exhibit defendants' exhibit 1, # 4 Exhibit defendants' exhibit 2)(Mullally, Laura) (Entered: 05/29/2009) 1 Text of Proposed Order View on PACER 2 memorandum in support of motion to dismiss first amended complaint View on PACER 3 Exhibit defendants' exhibit 1 View on PACER 4 Exhibit defendants' exhibit 2 View on PACER	RECAP
30	June 15, 2009	RESPONSE in Opposition re 29 MOTION to Dismiss first amended complaint filed by Rosemary Munyiri. Replies due by 6/29/2009. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order)(Schulte, Robert) (Entered: 06/15/2009) 1 Memorandum of Law View on PACER 2 Text of Proposed Order View on PACER	RECAP
31	June 17, 2009	Correspondence re: Extension of Discovery Deadline (Schulte, Robert) (Entered: 06/17/2009)	RECAP
32	June 17, 2009	PAPERLESS ORDER APPROVING 31 Miscellaneous Correspondence and request to extend discovery deadline. Signed by Judge Catherine C. Blake on June 17, 2009. (Blake, Catherine) (Entered: 06/17/2009)	RECAP
33	June 29, 2009	REPLY to Response to Motion re 29 MOTION to Dismiss first amended complaint filed by Gary D. Maynard. (Mullally, Laura) (Entered: 06/29/2009)	RECAP
34	Aug. 7, 2009	MOTION for Extension of Time to Complete Discovery by Gary D. Maynard. Responses due by 8/24/2009 (Mullally, Laura) (Entered: 08/07/2009)	RECAP
35	Aug. 7, 2009	Paperless ORDER granting 34 Consent Motion for Extension of Time until October 31, 2009 to Complete Discovery. Signed by Judge Catherine C. Blake on 8/7/09. (Blake, Catherine) (Entered: 08/07/2009)	RECAP
36	Sept. 1, 2009	MEMORANDUM. Signed by Judge Catherine C. Blake on 9/1/09. (hmls, Deputy Clerk)	RECAP
37	Sept. 1, 2009	ORDER denying 29 Motion of defendants to Dismiss. Signed by Judge Catherine C. Blake on 9/1/09. (hmls, Deputy Clerk) (Entered: 09/01/2009)	RECAP
38	Sept. 16, 2009	AMENDED COMPLAINT against all defendants, filed by Rosemary Munyiri. (Attachments: # 1 Appendix Comparison Copy (Caption), # 2 Appendix Comparison Copy (Body))(Schulte, Robert) (Entered: 09/16/2009) 1 Appendix Comparison Copy (Caption) View on PACER 2 Appendix Comparison Copy (Body) View on PACER	RECAP
39	Sept. 17, 2009	NOTICE of Appearance by Alan J Booth on behalf of all plaintiffs (Booth, Alan) (Entered: 09/17/2009)	RECAP
40	Sept. 17, 2009	NOTICE by Nelear Walls of Summons to be Issued as to Defendant Latrice Lee (Schulte, Robert) (Entered: 09/17/2009)	RECAP
41	Sept. 17, 2009	Summons Issued 20 days as to Latrice Lee. (hmls, Deputy Clerk) (Entered: 09/17/2009)	RECAP
42	Sept. 30, 2009	MOTION for Extension of Time to File Response/Reply as to 38 Amended Complaint by Gary D. Maynard(in his individual capacity and in his official capacity as Secretary of the Maryland Department of Public Safety and Correctional Services). Responses due by 10/19/2009 (Attachments: # 1 Text of Proposed Order)(Mullally, Laura) (Entered: 09/30/2009) 1 Text of Proposed Order View on PACER	RECAP

Case: Munyiri v. Haduch

1:08-cv-01953 | U.S. District Court for the District of Maryland

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Docket for: Munyiri v. Maynard

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