Case: Sharp v. Baltimore City Police

1:11-cv-02888 | U.S. District Court for the District of Maryland

Filed Date: Aug. 29, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On August 29, 2011, a resident of Baltimore County filed this § 1983 claim in Maryland State Circuit Court against the Baltimore City Police Department and three unnamed police officers. The plaintiff alleged that the Police Department had a practice and policy of arresting and destroying the property of persons engaged in recording the public actions of police officers, in violation of Constitutional rights under the First, Fourth, and Fourteenth Amendments. He also claimed that this practice …

On August 29, 2011, a resident of Baltimore County filed this § 1983 claim in Maryland State Circuit Court against the Baltimore City Police Department and three unnamed police officers. The plaintiff alleged that the Police Department had a practice and policy of arresting and destroying the property of persons engaged in recording the public actions of police officers, in violation of Constitutional rights under the First, Fourth, and Fourteenth Amendments. He also claimed that this practice amounted to a misapplication of the Wiretap Statute. Specifically, the plaintiff claimed that he had used his cell phone to videorecord the police arresting his friend in a public place. Three police officers subsequently arrested and detained him for the filming, confiscated his phone, and wiped all video data from the device. This action destroyed not only the video of the arrest, but also images of plaintiff's children and other personal events. The plaintiff sought a permanent injunction that would bar defendants from engaging in arrest and destruction of property for video recording police actions as well as compensatory damages. On October 11, 2011, the case was transferred to the U.S. District Court of Maryland.

On November 30, 2011, the defendant filed a motion to dismiss for failure to state a cognizable cause of action or for partial summary judgment in the alternative. The Police Department argued that the plaintiffs claims were no more than speculation as to a general practice and that the Department's existing training on bystander videotaping rendered any viable claim moot. On January 10, 2012, the United States filed a Statement of Interest, arguing that the District Court should deny the Police Department's summary judgment motion.

On February 17, 2012, the District Court (Judge Benson Everett Legg) denied the Police Department's motion to dismiss the case or for partial summary judgment. In his opinion, Judge Legg noted that the First Amendment protected the plaintiff's right to photograph on-duty police officers in public, and that the defendants might have violated the plaintiff's Fourteenth Amendment rights by deleting videos from the plaintiff's phone if this was done without a legitimate reason. Judge Legg further recognized the factual dispute regarding the plaintiff's Fourth Amendment claim: whether the plaintiff voluntarily surrendered the phone to the police officers or not. Whether the Police Department promulgated or was deliberately indifferent to an illegal practice was also disputable. The claims proceeded and the parties began discovery.

Settlement talks were unsuccessful and discovery disputes continued over the course of 2013 and early 2014. However, on April 7, 2014, the parties filed a joint stipulation of dismissal which included a settlement agreement. The settlement included an award for the plaintiff of $25,000 in damages and $225,000 in attorneys fees, but the parties agreed that the payment could not be construed as an expression of liability or concession to the facts alleged. The Police Department also agreed to implement new policies that would properly preserve citizens' rights to record and provide training for officers on the right.

On April 11, 2014, the stipulation of dismissal was granted by Judge Catherine C. Blake. The case was dismissed with prejudice subject to the Court's continuing jurisdiction to enforce compliance with the settlement agreement. The case is now closed.

Summary Authors

Emma Bao (6/24/2013)

Richard Jolly (11/26/2014)

Sarah Du (11/10/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4286186/parties/sharp-v-baltimore-city-police-department/


Judge(s)

Blake, Catherine C. (Maryland)

Gauvey, Susan K. (Maryland)

Legg, Benson Everett (Maryland)

Attorneys(s) for Plaintiff

Borja, Mary E (District of Columbia)

Delaney, Joshua (District of Columbia)

Jeon, Deborah A. (Maryland)

Kohr, Benjamin J (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Ogletree, Rashida J (District of Columbia)

Perez, Thomas E. (District of Columbia)

Judge(s)

Blake, Catherine C. (Maryland)

Gauvey, Susan K. (Maryland)

Legg, Benson Everett (Maryland)

Attorneys(s) for Plaintiff

Borja, Mary E (District of Columbia)

Delaney, Joshua (District of Columbia)

Jeon, Deborah A. (Maryland)

Kohr, Benjamin J (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Ogletree, Rashida J (District of Columbia)

Perez, Thomas E. (District of Columbia)

Simpson, Richard A (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Beck, Daniel C (Pennsylvania)

Cooper, Lindsay Cohn (Maryland)

Grimes, Mark H (Maryland)

Lundy, Christopher Russell (Maryland)

Lynch, Kara K. (Maryland)

Nilson, George A. (Maryland)

Sparaco, Daniel J (Maryland)

Trepel, Samantha Kay (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sharp v. Baltimore City Police Department

April 11, 2014 Docket
2

Complaint [Jury Trial Demanded]

Aug. 29, 2011 Complaint
24

Statement of Interest of the United States

Jan. 10, 2012 Pleading / Motion / Brief
33

Memorandum to Counsel re: Sharp v. Baltimore City Police Dept et al. [Denying Motion to Dismiss]

Feb. 17, 2012 Order/Opinion
33

Letter Order

Sharp v. Baltimore City Police Dept.

Feb. 17, 2012 Order/Opinion

Re: Christopher Sharp v. Baltimore City Police Department

Sharp v. Baltimore City Police Department

No Court

May 14, 2012 Notice Letter
75

Memorandum to Counsel re: Sharp v. Baltimore City Police Dept. et al.

Nov. 13, 2012 Order/Opinion
80

Order Granting In Part and Denying in Motion to Quash

Sharp v. Baltimore City Police Dept.

2013 WL 937903

March 1, 2013 Order/Opinion
105-1

Settlement Agreement and Release

Sharp v. Baltimore City Police Dept.

April 7, 2014 Settlement Agreement
106

Order [Granting Stipulation of Dismissal]

Sharp v. Baltimore City Police Dept.

April 8, 2014 Order/Opinion

Resources

Title Description External URL

Sharp v. BCPD

American Civil Liberties Union

Concerned that the Baltimore City Police Department routinely violates the First Amendment by threatening citizens who try to photograph or record police encounters, the ACLU of Maryland filed a laws… Feb. 18, 2014 https://www.aclu-md.org/en/cases/sharp-v-bcpd

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4286186/sharp-v-baltimore-city-police-department/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL from Circuit Court for Baltimore City, case number 24-C-11-005636. ( Filing fee $ 350 receipt number 14637054608), filed by Baltimore City Police Department, Frederick H. Bealefeld, III. (Attachments: # 1 Civil Cover Sheet)(jnls, Deputy Clerk) (Entered: 10/11/2011)

1 Civil Cover Sheet

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Oct. 11, 2011 PACER
2

COMPLAINT against Baltimore City Police Department, Frederick H. Bealefeld, III, Unknown Police Officers Nos. 1, 2 and 3, filed by Christopher Sharp. (Attachments: # 1 Case Information Report)(jnls, Deputy Clerk) (Entered: 10/11/2011)

1 Case Information Report

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Oct. 11, 2011 RECAP
3

Summons Issued as to Baltimore City Police Department. (jnls, Deputy Clerk) (Entered: 10/11/2011)

Oct. 11, 2011 PACER
4

STANDING ORDER concerning removal. Signed by Judge Benson Everett Legg on 10/11/11. (jnls, Deputy Clerk) (Entered: 10/11/2011)

Oct. 11, 2011 PACER
5

MOTION for Extension of Time to File Response/Reply to Complaint by Baltimore City Police Department, Frederick H. Bealefeld, III. Responses due by 10/31/2011 (Attachments: # 1 Text of Proposed Order)(Sparaco, Daniel) (Entered: 10/13/2011)

1 Text of Proposed Order

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Oct. 13, 2011 PACER
6

ORDER granting 5 Motion for Extension of Time for Balto City Police Dept and Frederick Bealefeld to respond to the complaint to 11/14/11. Signed by Judge Benson Everett Legg on 10/14/11 (cag, Deputy Clerk) (Entered: 10/17/2011)

Oct. 17, 2011 PACER
7

Local Rule 103.3 Disclosure Statement by Christopher Sharp. (Simpson, Richard) (Entered: 10/17/2011)

Oct. 17, 2011 PACER
8

Local Rule 103.3 Disclosure Statement by Baltimore City Police Department. (Sparaco, Daniel) (Entered: 10/17/2011)

Oct. 17, 2011 PACER
9

RESPONSE re 4 Order filed by Baltimore City Police Department, Frederick H. Bealefeld, III. (Sparaco, Daniel) (Entered: 10/25/2011)

Oct. 25, 2011 PACER
10

Local Rule 103.5(a) Certification. (Attachments: # 1 Exhibit A)(Sparaco, Daniel) (Entered: 10/25/2011)

1 Exhibit A

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Oct. 25, 2011 PACER
11

NOTICE of Appearance by Craig Michael Smith on behalf of All Plaintiffs (Smith, Craig) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
12

MOTION to Appear Pro Hac Vice for Mary E. Borja ( Filing fee $ 50, receipt number 0416-3234629.) by Christopher Sharp (Smith, Craig) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
13

MOTION to Appear Pro Hac Vice for Benjamin J. Kohr ( Filing fee $ 50, receipt number 0416-3234660.) by Christopher Sharp (Smith, Craig) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
14

NOTICE of Appearance by Richard A Simpson on behalf of Christopher Sharp (Simpson, Richard) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
15

PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice for attorney Mary E. Borja on behalf of Christopher Sharp. Directing attorney Mary E. Borja to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp Signed by Clerk on 11/7/11. (nrm, Deputy Clerk) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
16

PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice for attorney Benjamin J. Kohr on behalf of Christopher Sharp. Directing attorney Benjamin J. Kohr to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp Signed by Clerk on 11/7/11. (nrm, Deputy Clerk) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
17

(WITHDRAWN)MOTION for Partial Summary Judgment by Baltimore City Police Department, Frederick H. Bealefeld, III Responses due by 12/1/2011 (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Grimes, Mark) Modified on 12/1/2011 (aos, Deputy Clerk). (Entered: 11/14/2011)

1 Affidavit

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2 Text of Proposed Order

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Nov. 14, 2011 PACER
18

MOTION to Withdraw Docket Entry #17 and Re-file Response to Complaint by November 30, On Consent by Baltimore City Police Department, Frederick H. Bealefeld, III Responses due by 12/9/2011 (Attachments: # 1 Text of Proposed Order)(Sparaco, Daniel) (Entered: 11/22/2011)

1 Text of Proposed Order

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Nov. 22, 2011 PACER
19

PAPERLESS ORDER GRANTING 18 MOTION to Withdraw Docket Entry #17 and Re-file Response to Complaint by November 30, On Consent. Signed by Judge Benson Everett Legg on 11/28/2011. (Legg, Benson Everett) (Entered: 11/28/2011)

Nov. 28, 2011 PACER
20

MOTION to Dismiss for Failure to State a Claim by Baltimore City Police Department, Frederick H. Bealefeld, III Responses due by 12/19/2011 (Attachments: # 1 Supplement Memorandum of Law, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Grimes, Mark) (Entered: 11/30/2011)

1 Supplement Memorandum of Law

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Text of Proposed Order

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Nov. 30, 2011 PACER
21

Joint MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss for Failure to State a Claim by Baltimore City Police Department, Frederick H. Bealefeld, III, Christopher Sharp Responses due by 12/27/2011 (Attachments: # 1 Text of Proposed Order)(Smith, Craig) (Entered: 12/09/2011)

1 Text of Proposed Order

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Dec. 9, 2011 PACER
22

PAPERLESS ORDER GRANTING 21 Joint MOTION for Extension of Time to File Response as to 20 MOTION to Dismiss for Failure to State a Claim . Responses due by 12/21/2011. Signed by Judge Benson Everett Legg on 12/14/2011. (Legg, Benson Everett) (Entered: 12/14/2011)

Dec. 14, 2011 PACER
23

RESPONSE in Opposition re 20 MOTION to Dismiss for Failure to State a Claim filed by Christopher Sharp. Replies due by 1/9/2012. (Attachments: # 1 56(d) Decl., # 2 56(d) Decl. Ex. A, # 3 56(d) Decl. Ex. B, # 4 56(d) Decl. Ex. C, # 5 56(d) Decl. Ex. D)(Smith, Craig) (Entered: 12/21/2011)

1 56(d) Decl.

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2 56(d) Decl. Ex. A

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3 56(d) Decl. Ex. B

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4 56(d) Decl. Ex. C

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5 56(d) Decl. Ex. D

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Dec. 21, 2011 PACER
24

NOTICE by USA Statement of Interest (Delaney, Joshua) (Entered: 01/10/2012)

Jan. 10, 2012 RECAP
25

(FILED IN ERROR- Atty Req)REPLY to Response to Motion re 20 MOTION to Dismiss for Failure to State a Claim filed by Baltimore City Police Department, Frederick H. Bealefeld, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Text of Proposed Order)(Grimes, Mark) Modified on 1/12/2012 (aos, Deputy Clerk). (Entered: 01/12/2012)

Jan. 11, 2012 PACER
26

REPLY to Response to Motion re 20 MOTION to Dismiss for Failure to State a Claim filed by Baltimore City Police Department, Frederick H. Bealefeld, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Text of Proposed Order)(Grimes, Mark) (Entered: 01/12/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Text of Proposed Order

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Jan. 12, 2012 PACER
27

NOTICE of Hearing re: 20 Motion to Dismiss. Motion Hearing set for 2/13/2012 at 10:00 a.m. in Courtroom 7A, 101 West Lombard Street, Baltimore, Maryland 21201, before Judge Benson Everett Legg. (daf, Chambers) (Entered: 01/18/2012)

Jan. 18, 2012 PACER
28

NOTICE by USA of Intent to Appear (Delaney, Joshua) (Entered: 02/02/2012)

Feb. 2, 2012 PACER
29

NOTICE of Appearance by Rashida Jamila Ogletree on behalf of USA (aos, Deputy Clerk) (Entered: 02/03/2012)

Feb. 3, 2012 PACER
30

NOTICE of Appearance by Timothy Donald Mygatt on behalf of USA (aos, Deputy Clerk) (Entered: 02/03/2012)

Feb. 3, 2012 PACER
31

ORDER Scheduling hearing on Defendants Motion to Dismiss or for Summary Judgment for Monday, February 13, 2012, at 10 a.m. Signed by Judge Benson Everett Legg on 2/10/12 (cags, Deputy Clerk) (Entered: 02/10/2012)

Feb. 10, 2012 PACER
32

Motion Hearing held on 2/13/2012 re 20 MOTION to Dismiss for Failure to State a Claim filed by Frederick H. Bealefeld, III, Baltimore City Police Department before Judge Benson Everett Legg. (Court Reporter: Jackie Sovich) (kam, Deputy Clerk) (Entered: 02/13/2012)

Feb. 13, 2012 PACER
33

LETTER ORDER denying 20 Motion to Dismiss for Failure to State a Claim; directing that a discovery plan and proposed schedule be submitted to the court by February 27, 2012. Signed by Judge Benson Everett Legg on 2/17/2012. (aos, Deputy Clerk) (Entered: 02/21/2012)

Feb. 17, 2012 PACER
34

STATUS REPORT (Joint Discovery Plan and Proposed Schedule) by Baltimore City Police Department, Frederick H. Bealefeld, III, Christopher Sharp. (Smith, Craig) (Entered: 02/27/2012)

Feb. 27, 2012 PACER
35

NOTICE of Appearance by Lindsay Cohn Cooper on behalf of Baltimore City Police Department, Frederick H. Bealefeld, III (Cooper, Lindsay) (Entered: 03/13/2012)

March 13, 2012 PACER
36

LETTER ORDER memorializing agreements reached during teleconference held on March 16, 2012. Signed by Judge Benson Everett Legg on 3/19/2012. (aos, Deputy Clerk) (Entered: 03/19/2012)

March 19, 2012 RECAP
37

ORDER re: Confidentiality of discovery material and inadvertent disclosure of privileged material. Signed by Judge Benson Everett Legg on 3/19/2012. (aos, Deputy Clerk) (Entered: 03/19/2012)

March 19, 2012 PACER
38

ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for Settlement. Signed by Judge Benson Everett Legg on 3/19/12 (cags, Deputy Clerk) (Entered: 03/19/2012)

March 19, 2012 PACER
39

MOTION for Extension of Time by Baltimore City Police Department Responses due by 4/9/2012 (Attachments: # 1 Exhibit Exhibit 1 (Declaration of Christopher Sharp), # 2 Text of Proposed Order)(Cooper, Lindsay) (Entered: 03/23/2012)

1 Exhibit Exhibit 1 (Declaration of Christopher Sharp)

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2 Text of Proposed Order

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March 23, 2012 PACER
40

RESPONSE in Opposition re 39 MOTION for Extension of Time and Cross-Motion for a Scheduling Conference filed by Christopher Sharp. Replies due by 4/12/2012. (Attachments: # 1 Declaration of Mary E. Borja, # 2 Exhibit 1 to Declaration of Mary E. Borja)(Smith, Craig) (Entered: 03/26/2012)

1 Declaration of Mary E. Borja

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2 Exhibit 1 to Declaration of Mary E. Borja

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March 26, 2012 PACER
41

REPLY to Response to Motion re 39 MOTION for Extension of Time, RESPONSE re 40 Response in Opposition to Motion, filed by Baltimore City Police Department. (Cooper, Lindsay) (Entered: 03/29/2012)

March 29, 2012 PACER
42

PAPERLESS ORDER FINDING AS MOOT 39 Motion for Extension of Time. Signed by Judge Benson Everett Legg on 3/30/2012. (Legg, Benson Everett) (Entered: 03/30/2012)

March 30, 2012 PACER
43

STATUS REPORT on Efforts to Identify Unknown Officers by Christopher Sharp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Smith, Craig) (Entered: 04/03/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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April 3, 2012 PACER
44

STATUS REPORT by Baltimore City Police Department, Frederick H. Bealefeld, III. (Attachments: # 1 Exhibit #1, (FILED IN ERROR-ATTY TO REFILE) (2) Exhibit #2)(Grimes, Mark) Modified on 4/5/2012 (aos, Deputy Clerk). (Entered: 04/03/2012)

1 Exhibit #1

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April 3, 2012 PACER
45

PAPERLESS ORDER NOTIFYING Counsel that a telephone scheduling conference is hereby scheduled for Thursday, April 5, 2012 at 4:00 PM to select a date for the settlement conference. Signed by Magistrate Judge Paul W. Grimm on 04/04/12. (Grimm, Paul) (hlw) (Entered: 04/04/2012)

April 4, 2012 PACER
46

PAPERLESS ORDER THANKING Counsel for their patience and noting that, for tomorrow's scheduling call, Plaintiff's Counsel should please call all other Counsel and then call chambers. Signed by Magistrate Judge Paul W. Grimm on 04/04/12. (Grimm, Paul) (hlw) (Entered: 04/04/2012)

April 4, 2012 PACER
47

QC NOTICE: 44 Status Report filed by Frederick H. Bealefeld, III, Baltimore City Police Department was filed incorrectly. **In Exhibit #2 of the above filing the documents have been filed in landscape view. To correct this problem, please file a supplemental filing with Exhibit #2 attached and link it back to the original filing ECF 44 . Exhibit #2 has been noted as FILED IN ERROR, and the document link has been disabled. (aos, Deputy Clerk) (Entered: 04/05/2012)

April 5, 2012 PACER
48

Supplemental to 44 Status Report filed by Baltimore City Police Department, Frederick H. Bealefeld, III . (Attachments: # 1 Exhibit #2)(Grimes, Mark) (Entered: 04/05/2012)

1 Exhibit #2

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April 5, 2012 PACER
49

ORDER Scheduling Settlement Conference. Signed by Magistrate Judge Paul W. Grimm on 4/6/2012. (aos, Deputy Clerk) (Entered: 04/06/2012)

April 6, 2012 RECAP
51

Consent MOTION to Withdraw 50 MOTION for Clerk's Entry of Default for want of answer or other defense against Defendants Baltimore City Police Department and Commissioner Frederick H. Bealefeld, III by Christopher Sharp Responses due by 5/21/2012 (Attachments: # 1 Text of Proposed Order)(Smith, Craig) (Entered: 05/02/2012)

1 Text of Proposed Order

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May 2, 2012 PACER
52

NOTICE of Appearance by Christopher Russell Lundy on behalf of Baltimore City Police Department, Frederick H. Bealefeld, III (Lundy, Christopher) (Entered: 05/15/2012)

May 15, 2012 PACER
53

PAPERLESS ORDER NOTIFYING Counsel that, as discussed in the May 23, 2012 telephone conference call, the Wednesday, May 30, 2012 settlement conference is hereby cancelled. The parties are directed to submit an informal status report within seven (7) days that discusses what additional fact discovery is needed for the parties to be in a position to assess standing. Signed by Magistrate Judge Paul W. Grimm on 05/24/12. (Grimm, Paul) (hlw) (Entered: 05/24/2012)

May 24, 2012 PACER
54

ORDER granting 51 Motion to Withdraw 50 MOTION for Clerk's Entry of Default for want of answer or other defense against Defendants Baltimore City Police Department and Commissioner Frederick H. Bealefeld, III. Signed by Judge Benson Everett Legg on 5/25/2012. (aos, Deputy Clerk) (Entered: 05/25/2012)

May 25, 2012 PACER
55

LETTER ORDER memorializing decisions made during teleconference held on June 27, 2012. Signed by Judge Benson Everett Legg on 7/11/2012. (aos, Deputy Clerk) (Entered: 07/11/2012)

July 11, 2012 PACER
56

ANSWER to 2 Complaint by Baltimore City Police Department, Frederick H. Bealefeld, III.(Grimes, Mark) (Entered: 07/27/2012)

July 27, 2012 RECAP
57

MOTION to Quash Subpoena and for Protective Order by Christopher Sharp Responses due by 8/30/2012 (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Certificate of Compliance with LR 104.7, # 7 Text of Proposed Order)(Smith, Craig) (Entered: 08/13/2012)

Aug. 13, 2012 PACER
58

NOTICE of Appearance by Samantha Kay Trepel on behalf of USA (jnls, Deputy Clerk) (Entered: 08/23/2012)

Aug. 17, 2012 PACER
59

Emergency MOTION for Extension of Time by Baltimore City Police Department Responses due by 9/10/2012 (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Text of Proposed Order)(Cooper, Lindsay) (Entered: 08/24/2012)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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9 Exhibit Exhibit 9

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10 Text of Proposed Order

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Aug. 24, 2012 PACER
60

RESPONSE to Motion re 59 Emergency MOTION for Extension of Time filed by Christopher Sharp. Replies due by 9/13/2012. (Attachments: # 1 Exhibit 1)(Smith, Craig) (Entered: 08/26/2012)

1 Exhibit 1

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Aug. 26, 2012 PACER
61

LETTER ORDER re: denying 59 Emergency Motion for Extension of Time. Signed by Judge Benson Everett Legg on 8/27/12. (apls, Deputy Clerk) (Entered: 08/27/2012)

Aug. 27, 2012 RECAP
62

(DUPLICATE FILING)LETTER ORDER denying 59 Emergency MOTION for Extension of Time filed by Baltimore City Police Department. Signed by Judge Benson Everett Legg on 8/27/2012. (aos, Deputy Clerk) Modified on 8/27/2012 (aos, Deputy Clerk). (Entered: 08/27/2012)

Aug. 27, 2012 PACER
63

RESPONSE in Opposition re 57 MOTION to Quash Subpoena and for Protective Order filed by Baltimore City Police Department, Frederick H. Bealefeld, III. Replies due by 9/17/2012. (Attachments: # 1 Text of Proposed Order)(Grimes, Mark) (Entered: 08/30/2012)

1 Text of Proposed Order

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Aug. 30, 2012 PACER
64

STATUS REPORT Jointly Submitted Pursuant to July 11, 2012, Order by Christopher Sharp. (Smith, Craig) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
65

REPLY to Response to Motion re 57 MOTION to Quash Subpoena and for Protective Order filed by Christopher Sharp. (Attachments: # 1 Exhibit A, Decl. of Craig Smith and Attached Exs. 1-2, # 2 Notice of Filing Exhibit Under Seal)(Smith, Craig) (Entered: 09/17/2012)

1 Exhibit A, Decl. of Craig Smith and Attached Exs. 1-2

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2 Notice of Filing Exhibit Under Seal

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Sept. 17, 2012 PACER
66

-SEALED - NOTICE of Filing Under Seal Exhbit B to Reply of Christopher Sharp, Decl. of Mary E. Borja and Attached Exs. 1-8 by Christopher Sharp re 65 Reply to Response to Motion, (Smith, Craig) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
67

MOTION to Seal Exhibit B to Christopher Sharp's Reply Brief by Christopher Sharp Responses due by 10/4/2012 (Attachments: # 1 Text of Proposed Order)(Smith, Craig) (Entered: 09/17/2012)

1 Text of Proposed Order

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Sept. 17, 2012 PACER
68

ORDER granting 67 MOTION to Seal Exhibit B to Christopher Sharp's Reply Brief. Signed by Judge Benson Everett Legg on 9/18/2012. (aos, Deputy Clerk) (Entered: 09/18/2012)

Sept. 18, 2012 PACER
69

MOTION to Seal Plaintiff Christopher Sharp's Motion To Quash or for Protective Order (Dkt. 57) by Christopher Sharp Responses due by 10/5/2012 (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order)(Smith, Craig) (Entered: 09/18/2012)

1 Memorandum of Law

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2 Text of Proposed Order

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Sept. 18, 2012 PACER
70

ORDER granting 69 MOTION to Seal Plaintiff Christopher Sharp's Motion To Quash or for Protective Order (Dkt. 57). Signed by Judge Benson Everett Legg on 9/18/2012. (aos, Deputy Clerk) (Entered: 09/18/2012)

Sept. 18, 2012 PACER
71

ORDER to Counsel memorializing teleconference held on September 18, 2012. Signed by Judge Benson Everett Legg on 9/24/2012. (aos, Deputy Clerk) (Entered: 09/25/2012)

Sept. 24, 2012 PACER
72

NOTICE of Appearance by Daniel C Beck on behalf of Baltimore City Police Department, Frederick H. Bealefeld, III (Beck, Daniel) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
73

PAPERLESS ORDER- The teleconference has been rescheduled for tomorrow, November 7, 2012, at 11 a.m. Accordingly, counsel are directed to file a joint status report no later than close of business today. See Docket No. 71. Signed by Judge Benson Everett Legg on 11/06/2012. (Entered: 11/06/2012)

Nov. 6, 2012 PACER
74

STATUS REPORT Joint by Christopher Sharp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kohr, Benjamin) (Entered: 11/06/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 6, 2012 PACER
75

LETTER ORDER memorializing teleconference held on November 7, 2012. Signed by Judge Benson Everett Legg on 11/13/2012. (aos, Deputy Clerk) (Entered: 11/13/2012)

Nov. 13, 2012 PACER
76

ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for Discovery Dispute. Signed by Judge Benson Everett Legg on 11/14/12 (cags, Deputy Clerk) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
77

LETTER ORDER. Signed by Magistrate Judge Susan K. Gauvey on 1/25/13. (apls, Deputy Clerk) (Entered: 01/28/2013)

Jan. 25, 2013 PACER
78

MOTION to Withdraw as Attorney by Baltimore City Police Department, Frederick H. Bealefeld, III, Unknown Police Officers Nos. 1, 2 and 3 Responses due by 2/22/2013 (Attachments: # 1 Text of Proposed Order)(Cooper, Lindsay) (Entered: 02/04/2013)

1 Text of Proposed Order

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Feb. 4, 2013 PACER
79

NOTICE of Appearance by Kara K Lynch on behalf of Baltimore City Police Department, Frederick H. Bealefeld, III (Lynch, Kara) (Entered: 02/13/2013)

Feb. 13, 2013 PACER
80

ORDER granting in part and denying in part 57 Motion to Quash. Signed by Magistrate Judge Susan K. Gauvey on 3/1/13. (aos, Deputy Clerk) Modified on 3/8/2013 (aos, Deputy Clerk). (Entered: 03/01/2013)

March 1, 2013 RECAP
81

LETTER ORDER re Sealed Opinion. Signed by Magistrate Judge Susan K. Gauvey on 3/1/13. (aos, Deputy Clerk) (Entered: 03/04/2013)

March 1, 2013 PACER
82

ORDER unsealing 80 -SEALED-ORDER granting in part and denying in part 57 Motion to Quash. Signed by Magistrate Judge Susan K. Gauvey on 3/8/13. (aos, Deputy Clerk) (Entered: 03/08/2013)

March 8, 2013 PACER
83

LETTER ORDER setting date for telephone conference. Signed by Magistrate Judge Susan K. Gauvey on 4/1/2013. (aos, Deputy Clerk) (Entered: 04/01/2013)

April 1, 2013 PACER
84

MOTION and MARGINAL ORDER granting Leave for limited discovery. Signed by Magistrate Judge Susan K. Gauvey on 4/3/2013. (aos, Deputy Clerk) (Entered: 04/04/2013)

April 3, 2013 PACER
85

STATUS REPORT Joint Status Report by Baltimore City Police Department. (Lundy, Christopher) (Entered: 04/16/2013)

April 16, 2013 PACER
86

PAPERLESS Correspondence to counsel: An updated status report is requested by May 15, 2013. (Blake, Catherine) (Entered: 04/30/2013)

April 30, 2013 PACER
87

PAPERLESS ORDER granting 78 Motion to Withdraw as Attorney. Attorney Lindsay Cohn Cooper terminated. Signed by Judge Catherine C. Blake on 4/30/2013. (aos, Deputy Clerk) (Entered: 04/30/2013)

April 30, 2013 PACER
88

STATUS REPORT Jointly Submitted Pursuant to April 30, 2013, Order by Christopher Sharp. (Smith, Craig) (Entered: 05/15/2013)

May 15, 2013 PACER
89

MARGINAL ORDER approving 88 STATUS REPORT Jointly Submitted Pursuant to April 30, 2013, Order. Signed by Judge Catherine C. Blake on 5/16/2013. (aos, Deputy Clerk) (Entered: 05/16/2013)

May 16, 2013 PACER
90

(FILED IN ERROR- ATTY TO REFILE) MOTION to Dismiss for Failure to State a Claim by Baltimore City Police Department, Frederick H. Bealefeld, III Responses due by 7/15/2013 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order, # 4 Supplement Memorandum of Law)(Grimes, Mark) Modified on 7/2/2013 (aos, Deputy Clerk). (Entered: 06/28/2013)

June 28, 2013 PACER
91

Corrected MOTION to Dismiss for Failure to State a Claim by Baltimore City Police Department, Frederick H. Bealefeld, III Responses due by 7/19/2013 (Attachments: # 1 Supplement, # 2 Supplement, # 3 Appendix, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Grimes, Mark) (Entered: 07/02/2013)

1 Supplement

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2 Supplement

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3 Appendix

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4 Exhibit

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5 Exhibit

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6 Text of Proposed Order

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July 2, 2013 PACER
92

Consent MOTION for Extension of Time to File Response/Reply as to 91 Corrected MOTION to Dismiss for Failure to State a Claim by Christopher Sharp. Responses due by 7/22/2013 (Attachments: # 1 Text of Proposed Order)(Smith, Craig) (Entered: 07/03/2013)

1 Text of Proposed Order

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July 3, 2013 PACER
93

PAPERLESS ORDER Granting 92 Motion for Extension of Time to File Response re 91 Corrected MOTION to Dismiss. Responses due by 7/30/2013. Signed by Judge Catherine C. Blake on July 8, 2013. (Blake, Catherine) (Entered: 07/08/2013)

July 8, 2013 PACER
94

Consent MOTION for Extension of Time to File Response/Reply as to 91 Corrected MOTION to Dismiss for Failure to State a Claim by Christopher Sharp Responses due by 8/12/2013 (Attachments: # 1 Text of Proposed Order)(Smith, Craig) (Entered: 07/24/2013)

1 Text of Proposed Order

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July 24, 2013 PACER
95

PAPERLESS ORDER Granting 94 Motion for Extension of Time to File Response re 91 Corrected MOTION to Dismiss for Failure to State a Claim. Responses due by 8/6/2013. Signed by Judge Catherine C. Blake on July 25, 2013. (Blake, Catherine) (Entered: 07/25/2013)

July 25, 2013 PACER
96

RESPONSE in Opposition re 91 Corrected MOTION to Dismiss for Failure to State a Claim filed by Christopher Sharp. Replies due by 8/22/2013. (Attachments: # 1 Exhibit Declaration)(Smith, Craig) (Entered: 08/05/2013)

1 Exhibit Declaration

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Aug. 5, 2013 RECAP
97

Consent MOTION for Extension of Time to File Response/Reply by Baltimore City Police Department. Responses due by 9/6/2013 (Beck, Daniel) (Entered: 08/19/2013)

Aug. 19, 2013 PACER
98

PAPERLESS ORDER Granting 97 Motion for Extension of Time to File Reply re 91 Corrected MOTION to Dismiss. Replies due by 9/6/2013. Signed by Judge Catherine C. Blake on August 19, 2913. (Blake, Catherine) (Entered: 08/19/2013)

Aug. 19, 2013 PACER
99

RESPONSE in Support re 91 Corrected MOTION to Dismiss for Failure to State a Claim filed by Baltimore City Police Department, Frederick H. Bealefeld, III. Replies due by 9/23/2013. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Appendix)(Grimes, Mark) (Entered: 09/06/2013)

1 Text of Proposed Order

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2 Exhibit

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3 Appendix

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Sept. 6, 2013 PACER
100

MOTION to Withdraw as Attorney by Baltimore City Police Department, Frederick H. Bealefeld, III Responses due by 10/7/2013 (Attachments: # 1 Text of Proposed Order)(Grimes, Mark) (Entered: 09/19/2013)

1 Text of Proposed Order

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Sept. 19, 2013 RECAP
101

PAPERLESS ORDER granting 100 Motion to Withdraw as Attorney. Attorney Mark H Grimes terminated. Signed by Judge Catherine C. Blake on 9/23/2013. (aos, Deputy Clerk) (Entered: 09/23/2013)

Sept. 23, 2013 PACER

State / Territory: Maryland

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 29, 2011

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Resident of Baltimore County, MD, detained by the police after video recording a public arrest of his friend.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Baltimore City Police Department (Baltimore City), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 250,000

Content of Injunction:

Retaliation Prohibition

Training

Issues

General:

False arrest

Loss or damage to property

Pattern or Practice

Phone