Case: Overbey v. Mayor & City Council of Baltimore

1:17-cv-01793 | U.S. District Court for the District of Maryland

Filed Date: June 29, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 29, 2017, the Baltimore Brew (a media organization) and an individual who had previously settled a suit against the Baltimore Police filed this lawsuit in the U.S. District Court for the District of Maryland. They sued the City of Baltimore and its police under 42 U.S.C. § 1983 and state law. Represented by the ACLU of Maryland and private counsel, the plaintiffs sought an injunction, declaratory relief, and damages, claiming that the City’s use of gag orders in police brutality settlem…

On June 29, 2017, the Baltimore Brew (a media organization) and an individual who had previously settled a suit against the Baltimore Police filed this lawsuit in the U.S. District Court for the District of Maryland. They sued the City of Baltimore and its police under 42 U.S.C. § 1983 and state law. Represented by the ACLU of Maryland and private counsel, the plaintiffs sought an injunction, declaratory relief, and damages, claiming that the City’s use of gag orders in police brutality settlement agreements violated the First Amendment. They also claimed that the gag order and liquidated damages provision in the individual plaintiff’s settlement were void as contrary to public policy. Finally, the individual plaintiff alleged that the City had breached the settlement agreement.

This case arose from a police brutality incident involving the individual plaintiff. In 2012, the plaintiff’s apartment was burglarized. She called the police, but a dispute developed between the plaintiff and responding officers. By the end of the night, the officers had “beaten, tased, tackled, choked, and handcuffed” her. So she sued the city for wrongful arrest and physical abuse. The City agreed to pay her $63,000 to settle the case. But there was a catch: the individual plaintiff had to “limit [her] public comments regarding the [case] and the [underlying incident] to the fact that a satisfactory settlement occurred” (the gag order). And if she talked about the case with anyone, “the City is entitled to a refund of fifty percent,” or $31,500.

The Baltimore Sun got wind of the settlement and published an article about it. Online commentators accused the individual plaintiff of provoking the police to get settlement money. In response, she posted her version of events. The City viewed her posts as a breach of the settlement agreement. So it paid her only $31,500. In this lawsuit, the individual plaintiff alleged that the gag order was unconstitutional and against public policy; the liquidated damages provision was unenforceable; and the City breached the settlement because it paid her only $31,500 rather than the full amount, and then demanded a refund. For its part, the Baltimore Brew (the Brew) claimed that the City’s widespread use of gag orders—included in about 95% of police brutality settlements—infringed on press freedoms.

District Judge J. Frederick Motz dismissed the case in a terse one-page opinion issued on October 4, 2017. Judge Motz reasoned that the settlement provided for a payment of $31,500 if the individual plaintiff discussed the case, which she did, so the plaintiffs had no case. But he neglected to address the Brew’s claims. So nine days later, Chief Judge James K. Bredar re-opened the case. And on October 18, the case was reassigned to Judge Marvin J. Garbis. The plaintiffs then moved for reconsideration of all issues.

After another round of briefing, Judge Garbis dismissed the case on November 29, 2017. First, he dismissed the Baltimore Police as a defendant because it was not involved with the settlement agreement at issue. Next, he found that the Brew did not have standing because it was unable to identify a “concrete and particularized” injury. Judge Garbis then dismissed the individual plaintiff’s First Amendment claims because “fostering confidence” in settlements and “reducing time and resources spent on litigation” outweighed any public interest in police “accountability and transparency” that might have been served by disclosing the terms of settlement agreements. Finally, he disposed of the individual plaintiff’s breach of contract claims on statute of limitations grounds. 2017 WL 5885657.

The plaintiffs appealed. The parties submitted briefing during the summer of 2018, and the Fourth Circuit heard oral arguments in January 2019. Circuit Judge Henry F. Floyd delivered an opinion on July 11, 2019, reversing the district court which Judge Stephanie D. Thacker joined. Judge Floyd held that the gag order “amounts to a waiver of [the individual plaintiff’s] First Amendment rights,” which “strong public interests rooted in the First Amendment make . . . unenforceable and void.” He rejected the City’s argument that “fairness” entitled it to “the full value of its hush money.” In addition, Judge Floyd found that the Brew’s allegations were sufficient to establish standing at the motion to dismiss stage because it had a “right to gather news” from “willing speakers” that the City silenced with gag orders. Judge A. Marvin Quattlebaum, Jr. dissented. He would have upheld the district court’s order because “parties have a right to rely on the certainty of contracts entered into knowingly and voluntarily.” 930 F.3d 213, 2019 WL 3022327.

The Fourth Circuit remanded the case to the district court where it was reassigned to Judge Deborah K. Chasanow. On December 16, 2019, the plaintiffs moved for summary judgment. Now that the Fourth Circuit had declared the City’s gag order inconsistent with the First Amendment, the plaintiffs argued that the defendants had committed a constitutional tort when they withheld half of the individual plaintiff’s settlement award as punishment for speaking out about her abuse. While they conceded that a breach of contract claim for nonpayment of the full settlement award was barred by the statute of limitations, the plaintiffs insisted that damages for the constitutional tort should be equal to the withheld amount of $31,500, plus interest. In their opposition to summary judgment, the defendants argued that they had not committed a constitutional tort, as they had not prevented the plaintiff from speaking, nor punished her for doing so. Withholding the $31,500 was not a punishment but rather a contractual, bargained-for right to pay less for the settlement if the plaintiff chose to speak publicly about it. And even if the Court determined that the defendants had committed a constitutional tort, they insisted that the plaintiff would only be due nominal damages, not the full $31,500—which should only be available for a breach of contract claim—and certainly not the full amount, plus interest.

This case is still ongoing. As of August 25, 2020, the Court has not yet adjudicated the plaintiffs’ motion for summary judgment.

Summary Authors

Timothy Leake (7/20/2019)

Cody Wiles (8/25/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6149051/parties/overbey-v-mayor-and-city-council-baltimore/


Judge(s)

Floyd, Henry Franklin (South Carolina)

Garbis, Marvin J. (Maryland)

Motz, J. Frederick (Maryland)

Quattlebaum, A. Marvin Jr. (West Virginia)

Thacker, Stephanie Dawn (West Virginia)

Attorneys(s) for Plaintiff

Jeon, Deborah A. (Maryland)

Kanu, Nkechi (District of Columbia)

O'Connor, Tyler (District of Columbia)

Steiner, Nicholas Taichi (Maryland)

Wastler, Benjamin (District of Columbia)

Judge(s)

Floyd, Henry Franklin (South Carolina)

Garbis, Marvin J. (Maryland)

Motz, J. Frederick (Maryland)

Quattlebaum, A. Marvin Jr. (West Virginia)

Thacker, Stephanie Dawn (West Virginia)

Attorneys(s) for Plaintiff

Jeon, Deborah A. (Maryland)

Kanu, Nkechi (District of Columbia)

O'Connor, Tyler (District of Columbia)

Steiner, Nicholas Taichi (Maryland)

Wastler, Benjamin (District of Columbia)

Wolff, Daniel W (District of Columbia)

Attorneys(s) for Defendant

Comeau, Michael G (Maryland)

Foltin, Jason Robert (Maryland)

Glynn, Lydie Essama (Maryland)

Smalkin, Frederic N. (Maryland)

Documents in the Clearinghouse

Document

1:17-cv-01793

Docket [PACER]

Overbey v. Baltimore

July 11, 2019

July 11, 2019

Docket
1

1:17-cv-01793

Complaint and Demand for Jury Trial

Overbey v. Baltimore

June 29, 2017

June 29, 2017

Complaint
5

1:17-cv-01793

Amended Complaint and Demand for Jury Trial

Overbey v. Baltimore

June 30, 2017

June 30, 2017

Complaint
24

1:17-cv-01793

Memorandum

Overbey v. Baltimore

2017 U.S.Dist.LEXIS 165822

Oct. 4, 2017

Oct. 4, 2017

Order/Opinion
32

1:17-cv-01793

Memorandum and Order

Overbey v. Baltimore

2017 WL 5885657

Nov. 29, 2017

Nov. 29, 2017

Order/Opinion
77

17-02444

Opinion

Overbey v. Baltimore

U. S. Court of Appeals for the Fourth Circuit

930 F.3d 215, 2019 WL 3022327

July 11, 2019

July 11, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6149051/overbey-v-mayor-and-city-council-baltimore/

Last updated Aug. 6, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Ashley Amaris Overbey, Baltimore Brew. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Wolff, Daniel) (Entered: 06/29/2017)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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June 29, 2017

June 29, 2017

RECAP
2

Local Rule 103.3 Disclosure Statement by Baltimore Brew (Wolff, Daniel) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

RECAP
3

Summons Issued 21 days as to The Mayor and City Council of Baltimore.(slss, Deputy Clerk) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

RECAP
4

QC NOTICE: 1 Complaint filed by Baltimore Brew and Ashley Amaris Overbey was filed incorrectly. The Summons for Baltimore Police Department was not issued. The Summons has Baltimore Police Department as the defendant to issue summons for, but the Complaint has Baltimore City Policy Department as the defendant. Please either correct the complaint with an Amended Complaint showing the correct defendant or refile the correct summons. (slss, Deputy Clerk) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
5

AMENDED COMPLAINT against The Mayor and City Council of Baltimore, Baltimore City Police Department, filed by Ashley Amaris Overbey, Baltimore Brew. (Attachments: # 1 Errata Notice of Errata, # 2 Redline of Amended Complaint, # 3 Summons, Baltimore Police Department)(Wolff, Daniel) (Entered: 06/30/2017)

1 Errata Notice of Errata

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2 Redline of Amended Complaint

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3 Summons, Baltimore Police Department

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June 30, 2017

June 30, 2017

RECAP
6

NOTICE of Appearance by Deborah A Jeon on behalf of All Plaintiffs (Jeon, Deborah) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

RECAP
7

NOTICE of Appearance by Nicholas Taichi Steiner on behalf of All Plaintiffs (Steiner, Nicholas) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

RECAP
8

Summons Issued 21 days as to Baltimore City Police Department.(jnls, Deputy Clerk) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
9

SUMMONS Returned Executed by Ashley Amaris Overbey, Baltimore Brew. Baltimore City Police Department served on 7/7/2017, answer due 7/28/2017; The Mayor and City Council of Baltimore served on 7/7/2017, answer due 7/28/2017.(Wolff, Daniel) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
10

MOTION to Dismiss for Failure to State a Claim by Baltimore City Police Department (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Glynn, Colin) (Entered: 07/27/2017)

1 Memorandum in Support

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2 Exhibit 1

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3 Text of Proposed Order

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July 27, 2017

July 27, 2017

PACER
11

MOTION to Dismiss for Failure to State a Claim or for Summary Judgment and to Strike Jury Demand by The Mayor and City Council of Baltimore (Attachments: # 1 Supplement Memorandum of Law in Support of Defendant Mayor and City Council of Baltimores Motion to Dismiss or for Summary Judgment and to Strike Jury Demand, # 2 Exhibit 1 - Ms. Overbey's Circuit Court Complaint, # 3 Exhibit 2 - Circuit Court Case Information, # 4 Exhibit 3 - Ms. Overbey's Settlement Agreement, # 5 Exhibit 4 - Baltimore Sun Facebook Comments, # 6 Exhibit 5 - 10.8.2014 Letter from City to Ms. Overbey's Counsel, # 7 Text of Proposed Order, # 8 Text of Proposed Order - Alternative Proposed Order)(Foltin, Jason) (Entered: 07/27/2017)

1 Supplement Memorandum of Law in Support of Defendant Mayor and City Council of B

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2 Exhibit 1 - Ms. Overbey's Circuit Court Complaint

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3 Exhibit 2 - Circuit Court Case Information

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4 Exhibit 3 - Ms. Overbey's Settlement Agreement

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5 Exhibit 4 - Baltimore Sun Facebook Comments

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6 Exhibit 5 - 10.8.2014 Letter from City to Ms. Overbey's Counsel

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7 Text of Proposed Order

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8 Text of Proposed Order - Alternative Proposed Order

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July 27, 2017

July 27, 2017

RECAP
12

Local Rule 103.3 Disclosure Statement by The Mayor and City Council of Baltimore (Foltin, Jason) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
13

NOTICE of Appearance by Frederic Nelson Smalkin, Jr on behalf of The Mayor and City Council of Baltimore (Smalkin, Frederic) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
14

NOTICE of Appearance by Lydie Essama Glynn on behalf of The Mayor and City Council of Baltimore (Glynn, Lydie) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
15

Local Rule 103.3 Disclosure Statement by Baltimore City Police Department (Glynn, Colin) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
16

MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss for Failure to State a Claim, 11 MOTION to Dismiss for Failure to State a Claim or for Summary Judgment and to Strike Jury Demand by Baltimore Brew, Ashley Amaris Overbey. (Attachments: # 1 Text of Proposed Order, # 2 Supplement Memorandum in Support of Motion)(Wolff, Daniel) (Entered: 08/07/2017)

1 Text of Proposed Order

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2 Supplement Memorandum in Support of Motion

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Aug. 7, 2017

Aug. 7, 2017

PACER
17

Paperless ORDER granting 16 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 8/8/2017. (Motz, J.) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
18

RESPONSE in Opposition re 10 MOTION to Dismiss for Failure to State a Claim, 11 MOTION to Dismiss for Failure to State a Claim or for Summary Judgment and to Strike Jury Demand filed by Baltimore Brew, Ashley Amaris Overbey. (Attachments: # 1 Exhibit A - Overbey Declaration)(Wolff, Daniel) (Entered: 09/01/2017)

1 Exhibit A - Overbey Declaration

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Sept. 1, 2017

Sept. 1, 2017

RECAP
19

Request for Hearing re 10 MOTION to Dismiss for Failure to State a Claim, 18 Response in Opposition to Motion, 11 MOTION to Dismiss for Failure to State a Claim or for Summary Judgment and to Strike Jury Demand (Wolff, Daniel) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

RECAP
20

Joint MOTION for Extension of Time to File Response/Reply as to 18 Response in Opposition to Motion, by Baltimore City Police Department, The Mayor and City Council of Baltimore. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order)(Smalkin, Frederic) (Entered: 09/08/2017)

1 Memorandum of Law

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2 Text of Proposed Order

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Sept. 8, 2017

Sept. 8, 2017

PACER
21

Paperless ORDER granting 20 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 9/8/2017. (Motz, J.) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
22

REPLY to Response to Motion re 10 MOTION to Dismiss for Failure to State a Claim filed by Baltimore City Police Department.(Glynn, Colin) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
23

REPLY to Response to Motion re 11 MOTION to Dismiss for Failure to State a Claim or for Summary Judgment and to Strike Jury Demand filed by The Mayor and City Council of Baltimore.(Foltin, Jason) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
24

MEMORANDUM. Signed by Judge J. Frederick Motz on 10/4/2017. (jnls, Deputy Clerk) (Entered: 10/05/2017)

Oct. 4, 2017

Oct. 4, 2017

RECAP
25

ORDER granting 10 Motion of Baltimore Police Department to Dismiss ; granting 11 Motion of Mayor and City Council of Baltimore to Dismiss or for Summary Judgment treated as one to dismiss; JUDGMENT is entered in favor of defendants against plaintiff. Signed by Judge J. Frederick Motz on 10/4/2017. (jnls, Deputy Clerk) (Entered: 10/05/2017)

Oct. 4, 2017

Oct. 4, 2017

RECAP
26

ORDER DIRECTING Clerk to reopen case to permit adjudication of motions. Signed by Chief Judge James K. Bredar on 10/13/2017. (hmls, Deputy Clerk) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER

Case reassigned to Judge Marvin J. Garbis. Judge J. Frederick Motz no longer assigned to the case. (cags, Deputy Clerk)

Oct. 18, 2017

Oct. 18, 2017

PACER

Case Assigned/Reassigned

Oct. 18, 2017

Oct. 18, 2017

PACER
27

NOTICE of Appearance by Michael G Comeau on behalf of Baltimore City Police Department (Comeau, Michael) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER

Telephone Status and Scheduling Conference held on 10/31/2017 before Judge Marvin J. Garbis. (jnls, Deputy Clerk)

Oct. 31, 2017

Oct. 31, 2017

PACER

Status Conference

Oct. 31, 2017

Oct. 31, 2017

PACER
28

PROCEDURAL ORDER. Signed by Judge Marvin J. Garbis on 10/31/2017. (jnls, Deputy Clerk) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
29

MOTION for Reconsideration re 25 Order on Motion to Dismiss for Failure to State a Claim,,, by Baltimore Brew, Ashley Amaris Overbey (Attachments: # 1 Text of Proposed Order)(Wolff, Daniel) (Entered: 11/02/2017)

1 Text of Proposed Order

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Nov. 2, 2017

Nov. 2, 2017

PACER
30

RESPONSE in Opposition re 29 MOTION for Reconsideration re 25 Order on Motion to Dismiss for Failure to State a Claim,,, filed by The Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)(Smalkin, Frederic) (Entered: 11/13/2017)

1 Text of Proposed Order

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Nov. 13, 2017

Nov. 13, 2017

RECAP
31

Motion Hearing held on 11/16/2017 re 29 MOTION for Reconsideration re 25 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Baltimore Brew, Ashley Amaris Overbey before Judge Marvin J. Garbis.(Court Reporter: Douglas Zweizig) (J. Herndons, Deputy Clerk) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
32

MEMORANDUM AND ORDER granting 29 Motion of Baltimore Brew, Ashley Amaris Overbey for Reconsideration; granting 10 Motion to Dismiss of Baltimore City Police Department; granting 11 Motion of Mayor and City Council of Baltimore for Summary Judgment and to Strike Jury Demand. Signed by Judge Marvin J. Garbis on 11/28/2017. (jnls, Deputy Clerk) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

RECAP
33

JUDGMENT ORDER shall be, and hereby is, entered in favor of Defendants against Plaintiff Ashley Amaris Overbey and Plaintiff Baltimore Brew dismissing all claims with prejudice with costs. Signed by Judge Marvin J. Garbis on 11/28/2017. (jnls, Deputy Clerk) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
34

NOTICE OF APPEAL as to 32 Memorandum and Order,, Order on Motion for Reconsideration, 33 Judgment, by Baltimore Brew, Ashley Amaris Overbey. Filing fee $ 505, receipt number 0416-7063978.(Wolff, Daniel) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

RECAP
35

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 34 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
36

USCA Case Number 17-2444 for 34 Notice of Appeal filed by Baltimore Brew, Ashley Amaris Overbey. Case Manager - Anisha Walker (slss, Deputy Clerk) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

RECAP
37

TRANSCRIPT ORDER ACKNOWLEDGMENT by Baltimore Brew and Ashley Amaris Overbey for proceedings held on Motions Hearing 11/16/2017 before Judge Garbis, re 34 Notice of Appeal - Transcript due by 3/19/2018 (Court Reporter: Douglas Zweizig).(slss, Deputy Clerk) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
38

NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 11/16/17, before Judge Garbis, re 34 Notice of Appeal Court Reporter/Transcriber Douglas J. Zweizig, Telephone number 410-962-4474. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Does this satisfy all appellate orders for this reporter? - Y. Redaction Request due 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018.(dz, Court Reporter) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
39

JUDGMENT of USCA (certified copy)"Reversing" the judgment of the District Court and "Remanding" to the District Court for further proceedings consistent with the Court's decision as to 34 Notice of Appeal filed by Baltimore Brew, Ashley Amaris Overbey. (Attachments: # 1 Opinion (slss, Deputy Clerk) (Entered: 07/11/2019)

1 Opinion

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July 11, 2019

July 11, 2019

PACER
40

STAY OF MANDATE of USCA as to 34 Notice of Appeal filed by Baltimore Brew, Ashley Amaris Overbey. (slss, Deputy Clerk) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

RECAP
41

ORDER of USCA "Denying" petition for rehearing and rehearing en banc as to 34 Notice of Appeal filed by Baltimore Brew, Ashley Amaris Overbey. (slss, Deputy Clerk) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

RECAP
42

MANDATE of USCA as to 34 Notice of Appeal filed by Baltimore Brew, Ashley Amaris Overbey. (slss, Deputy Clerk) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

Case Assigned/Reassigned

Sept. 5, 2019

Sept. 5, 2019

PACER

Case reassigned to Judge Deborah K. Chasanow. Judge Marvin J. Garbis no longer assigned to the case. (cags, Deputy Clerk)

Sept. 5, 2019

Sept. 5, 2019

PACER
43

PAPERLESS NOTICE SCHEDULING a telephone conference with counsel on Thursday, September 19, 2019, at 9:00 a.m. Chambers will initiate the conference call. (sat, Chambers) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
44

NOTICE by The Mayor and City Council of Baltimore of Withdrawal of Appearance of Lydie E. Glynn, Esq. (Glynn, Lydie) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
45

NOTICE of Appearance by Christopher Russell Lundy on behalf of Baltimore City Police Department (Lundy, Christopher) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER

Telephone Conference

Sept. 19, 2019

Sept. 19, 2019

PACER
46

MOTION to Withdraw as Attorney by Baltimore City Police Department(Glynn, Colin) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
47

LETTER/ORDER CONFIRMING the matters discussed and the schedule set during the telephone conference with counsel. The parties will submit letter position briefs on October 2 and a telephone conference with counsel is scheduled October 4, 2019, at 9:30 a.m. Chambers will initiate the conference call. Signed by Judge Deborah K. Chasanow on 9/19/2019. (sat, Chambers) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER

Telephone Conference held on 9/19/2019 before Judge Deborah K. Chasanow. (sat, Chambers)

Sept. 19, 2019

Sept. 19, 2019

PACER
48

PAPERLESS ORDER GRANTING 46 Motion to Withdraw as Attorney. Attorney Colin Patrick Glynn terminated. Signed by Judge Deborah K. Chasanow on 9/19/2019. (Chasanow, Deborah) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
49

ORDER of USCA "Granting" motion to withdraw Ejaz Baluch, Jr. as to 34 Notice of Appeal filed by Baltimore Brew, Ashley Amaris Overbey. (slss, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
50

NOTICE of Appearance by Glenn Todd Marrow on behalf of The Mayor and City Council of Baltimore (Marrow, Glenn) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
51

Correspondence re: Case Status on Remand (Lundy, Christopher) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

RECAP
52

MOTION to Withdraw as Attorney by The Mayor and City Council of Baltimore(Smalkin, Frederic) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
53

PAPERLESS ORDER GRANTING 52 Motion to Withdraw Appearance of Attorney. Attorney Frederic Nelson Smalkin, Jr. terminated. Signed by Judge Deborah K. Chasanow on 10/2/2019. (Chasanow, Deborah) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
54

NOTICE of Appearance by Andre M Davis on behalf of All Defendants (Davis, Andre) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
55

RESPONSE re 47 Order, position brief on status of the case on remand filed by Baltimore Brew, Ashley Amaris Overbey.(Wolff, Daniel) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
56

Status Report Submitted As Ordered by the Court by The Mayor and City Council of Baltimore (Attachments: # 1 Attachment Language of Non-disparagement Clauses, # 2 Attachment 9/13/19Executive Order, # 3 Attachment Sample Letter to Counsel in Police Cases)(Davis, Andre) (Entered: 10/02/2019)

1 Attachment Language of Non-disparagement Clauses

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2 Attachment 9/13/19Executive Order

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3 Attachment Sample Letter to Counsel in Police Cases

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Oct. 2, 2019

Oct. 2, 2019

RECAP
57

LETTER/ORDER CONFIRMING the schedule set during the telephone conference. The City will file an answer to the amended complaint by October 14, 2019. The parties will notify the court of their agreement or respective positions regarding discovery and a schedule for filing motions by October 30,2019. A further telephone scheduling conference will be held on Friday, November 1, 2019 at 9:00 a.m. Chambers will initiate the conference call. Signed by Judge Deborah K. Chasanow on 10/4/2019. (td for sat, Chambers) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER

Telephone Conference

Oct. 4, 2019

Oct. 4, 2019

PACER

Telephone Conference held on 10/4/2019 before Judge Deborah K. Chasanow. (tds, Deputy Clerk)

Oct. 4, 2019

Oct. 4, 2019

PACER
58

ANSWER to 5 Amended Complaint, by The Mayor and City Council of Baltimore.(Marrow, Glenn) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
59

NOTICE of Appearance by Christopher Russell Lundy on behalf of The Mayor and City Council of Baltimore (Lundy, Christopher) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
60

LETTER/ORDER CONFIRMING the matters discussed and the schedule set during the telephone conference. Plaintiff Overbey's summary judgment motion is due by December 16, 2019, Defendants' consolidated opposition and cross motion for summary judgment is due by January 10, 2020, Plaintiffs' consolidated reply and opposition is due by January 31, 2020, and Defendants' reply is due by February 21, 2020. Signed by Judge Deborah K. Chasanow on 11/1/2019. (sat, Chambers) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER

Telephone Conference held on 11/1/2019 before Judge Deborah K. Chasanow. (sat, Chambers)

Nov. 1, 2019

Nov. 1, 2019

PACER

Telephone Conference

Nov. 1, 2019

Nov. 1, 2019

PACER
61

MOTION for Summary Judgment by Ashley Amaris Overbey (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Wolff, Daniel) (Entered: 12/16/2019)

1 Memorandum in Support

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2 Text of Proposed Order

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Dec. 16, 2019

Dec. 16, 2019

PACER
62

RESPONSE in Opposition re 61 MOTION for Summary Judgment filed by The Mayor and City Council of Baltimore. (Attachments: # 1 Attachment)(Davis, Andre) (Entered: 01/08/2020)

1 Attachment

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Jan. 8, 2020

Jan. 8, 2020

RECAP
63

REPLY to Response to Motion re 61 MOTION for Summary Judgment filed by Ashley Amaris Overbey.(Wolff, Daniel) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
64

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 9/21/2020. (sat, Chambers) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

RECAP
65

ORDER DISMISSING the claims of Baltimore Brew, DISMISSING the claims against the Baltimore City Police Department, GRANTING 61 motion for summary judgment, ENTERING judgment in favor of Plaintiff Ashley Amaris Overbey and against the Mayor and City Council of Baltimore in the amount of $31,500, plus prejudgment interest at the rate of 6% per annum dating from October 8, 2014, DISMISSING all other claims for relief, and INCORPORATING all prior rulings making this judgment final for purposes of Fed.R.Civ.P. 58. Signed by Judge Deborah K. Chasanow on 9/21/2020. (sat, Chambers) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
66

NOTICE of Appearance by James Arba Henry Corley on behalf of The Mayor and City Council of Baltimore (Corley, James) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
67

MOTION for Attorney Fees and Costs by Baltimore Brew, Ashley Amaris Overbey(Wolff, Daniel) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
68

NOTICE by The Mayor and City Council of Baltimore Withdrawal of Appearance (Lundy, Christopher) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
69

MOTION for Attorney Fees Memorandum In Support Of Plaintiffs Motion For Attorneys Fees And Costs by Baltimore Brew, Ashley Amaris Overbey (Attachments: # 1 Affidavit Declaration Of Deborah A. Jeon, # 2 Exhibit 1 To Declaration Of Deborah A. Jeon, # 3 Exhibit 2 To Declaration Of Deborah A. Jeon, # 4 Affidavit Declaration Of Daniel W. Wolff, # 5 Exhibit 1 To Declaration Of Daniel W. Wolff, # 6 Exhibit 2 To Declaration Of Daniel W. Wolff, # 7 Affidavit Declaration Of Susie Hoffman, # 8 Affidavit Declaration Of Andrew D. Freeman)(Wolff, Daniel) (Entered: 11/09/2020)

1 Affidavit Declaration Of Deborah A. Jeon

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2 Exhibit 1 To Declaration Of Deborah A. Jeon

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3 Exhibit 2 To Declaration Of Deborah A. Jeon

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4 Affidavit Declaration Of Daniel W. Wolff

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5 Exhibit 1 To Declaration Of Daniel W. Wolff

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6 Exhibit 2 To Declaration Of Daniel W. Wolff

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7 Affidavit Declaration Of Susie Hoffman

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8 Affidavit Declaration Of Andrew D. Freeman

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Nov. 9, 2020

Nov. 9, 2020

RECAP
70

Consent MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Attorney Fees Memorandum In Support Of Plaintiffs Motion For Attorneys Fees And Costs by The Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)(Corley, James) (Entered: 11/20/2020)

1 Text of Proposed Order

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Nov. 20, 2020

Nov. 20, 2020

PACER
71

PAPERLESS ORDER granting 70 Consent Motion for Extension of Time to File Response; Defendant Mayor and City Council of Baltimore's Response to 69 Plaintiff's MOTION for Attorney Fees and Costs is extended to December 7, 2020. Signed by Judge Deborah K. Chasanow on 11/20/2020. (tds, Deputy Clerk for sat, chambers) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
72

RESPONSE in Opposition re 69 MOTION for Attorney Fees Memorandum In Support Of Plaintiffs Motion For Attorneys Fees And Costs filed by The Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Corley, James) (Entered: 12/07/2020)

1 Exhibit

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2 Exhibit

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3 Text of Proposed Order

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Dec. 7, 2020

Dec. 7, 2020

RECAP
73

REPLY to Response to Motion re 67 MOTION for Attorney Fees and Costs, 69 MOTION for Attorney Fees Memorandum In Support Of Plaintiffs Motion For Attorneys Fees And Costs filed by Baltimore Brew, Ashley Amaris Overbey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Supplemental Declaration Of Deborah A. Jeon, # 5 Exhibit 1 to Supplemental Declaration Of Deborah A. Jeon, # 6 Supplemental Declaration Of Daniel W. Wolff, # 7 Exhibit 1 to Supplemental Declaration Of Daniel W. Wolff)(Wolff, Daniel) (Entered: 12/21/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Supplemental Declaration Of Deborah A. Jeon

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5 Exhibit 1 to Supplemental Declaration Of Deborah A. Jeon

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6 Supplemental Declaration Of Daniel W. Wolff

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7 Exhibit 1 to Supplemental Declaration Of Daniel W. Wolff

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Dec. 21, 2020

Dec. 21, 2020

RECAP
74

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 7/19/2021. (sat, Chambers)

July 19, 2021

July 19, 2021

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 29, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An individual subject to a gag order as part of an excessive force settlement with the Baltimore Police and a news organization.

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

The Mayor and City Council of Baltimore (Baltimore, Baltimore City), City

Baltimore City Police Department (Baltimore, Baltimore City), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Confidentiality

Excessive force

Pattern or Practice