Case: Savage v. Pocomoke City

1:16-cv-00201 | U.S. District Court for the District of Maryland

Filed Date: Jan. 20, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about racial discrimination in employment and retaliation for employees filing Equal Employment Opportunity Commission (“EEOC”) complaints. Three Pocomoke City, Maryland police officers brought this lawsuit on January 20, 2016 in the U.S. District Court for the District of Maryland against Pocomoke City, the Pocomoke City Police Department, the Worcester County Sheriff’s Office, the Department of Maryland State Police, and a number of individuals associated with these organization…

This case is about racial discrimination in employment and retaliation for employees filing Equal Employment Opportunity Commission (“EEOC”) complaints. Three Pocomoke City, Maryland police officers brought this lawsuit on January 20, 2016 in the U.S. District Court for the District of Maryland against Pocomoke City, the Pocomoke City Police Department, the Worcester County Sheriff’s Office, the Department of Maryland State Police, and a number of individuals associated with these organizations. Represented by private counsel, the Washington Lawyer’s Committee for Civil Rights and Urban Affairs, and the ACLU of Maryland, the officers sued under 42 U.S.C §§ 1981, 1983, and 1985, and the Fair Labor Standards Act (29 U.S.C. § 201) seeking declaratory and injunctive relief, as well as front and back pay, damages for physical and psychological harms, and attorneys’ fees. The officers alleged that they were subjected to a hostile environment because of their race. They also alleged that two of the officers were fired in retaliation for filing EEOC complaints against their employer. The officers asserted that the racial discrimination and retaliation they suffered while employed by the Pocomoke City Police Department violated their rights under the First and Fourteenth Amendments.

The case was assigned to Judge J. Frederick Motz. The defendants moved to dismiss the complaint on January 27, 2016. On March 16, 2016, the officers filed an amended complaint, changing the named defendants. In mid-April of 2016, the defendants again moved to dismiss the complaint. In June, Judge Motz granted in part and denied in part the defendants’ motions to dismiss, holding that the plaintiffs had failed to state a claim for which relief could be granted against the defendants in their official capacities under U.S.C §§ 1981 and 1983 and against defendant Wells as to the plaintiffs’ retaliation claim. Two months later, Judge Motz also dismissed the claims against Worcester County State’s Attorney Beau Oglesby, holding that they were barred by the doctrine of absolute prosecutorial immunity.

On September 29, 2016, the officers filed a final amended complaint, adding the State of Maryland as a defendant. Shortly thereafter, the United States Department of Justice moved to intervene in the case, filing an intervenor complaint against Pocomoke City, the Worcester County Sheriff, and Maryland to enforce the provisions of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex and national origin. Before and after the intervenor complaint, the defendants again moved for dismissal or summary judgment. Judge Motz granted the United States’ motion to intervene and denied the defendants’ motions to dismiss on March 20, 2017, without clearly explaining his reasoning. On May 15, 2017, Judge Motz denied motions by both the State of Maryland and the plaintiffs for reconsideration of his earlier decisions on motions to dismiss or for summary judgment. Both parties sought an interlocutory appeal. The State of Maryland filed a motion to stay pending appeal, which was granted by Judge Motz on August 3.

On July 13, 2018, the United States Court of Appeals for the Fourth Circuit affirmed the District Court’s decision to dismiss the charges against Oglesby on the basis of prosecutorial immunity. 896 F.3d 260. It reversed the decision of the District Court with regard to the State of Maryland, holding that the plaintiff had failed to make a Title VII retaliation claim against the State’s Attorney and could therefore not make a Title VII claim against Oglesby’s employer. On remand, the case was reassigned to Judge Ellen L. Hollander, who promptly dismissed the Title VII complaint against the State of Maryland.

After almost two years of on and off settlement talks, two of the officers notified the court that they had accepted settlement offers from Pocomoke City on March 27, 2019. The judgment included a consent decree enforceable for three years requiring the Pocomoke City Police Department to refrain from engaging in racial discrimination and retaliatory practices, to adopt or amend written policies and procedures to ensure proper handling of discrimination complaints and prohibit retaliation against individuals raising or participating in the investigation or litigation of such claims, and to provide training, at its own cost, to its employees on these policies and procedures. In addition, the settlement awarded monetary damages in the amount of $450,001.00 to one of the plaintiffs and $200,001.00 to the other, in addition to attorneys’ fees. Defendant also agreed to provide neutral references for the officers to any potential employers.

A second settlement conference was held on May 2, 2019. On December 4, 2019, the remaining parties agreed to a settlement by consent decree. The terms of the December 2019 settlement are unknown at this time. As of September 30, 2020, the case is ongoing, but stayed pending consent motions to amend the earlier settlement.

Summary Authors

Rachel Harrington (9/30/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4512683/parties/savage-v-pocomoke-city/


Judge(s)

Coulson, J. Mark (Maryland)

Floyd, Henry Franklin (South Carolina)

Gesner, Beth P. (Maryland)

Harris, Pamela Ann (Maryland)

Hollander, Ellen Lipton (Maryland)

Motz, J. Frederick (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Broder, Moshe Benjamin (District of Columbia)

Cohen, Madeline Jean (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Judge(s)

Coulson, J. Mark (Maryland)

Floyd, Henry Franklin (South Carolina)

Gesner, Beth P. (Maryland)

Harris, Pamela Ann (Maryland)

Hollander, Ellen Lipton (Maryland)

Motz, J. Frederick (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Broder, Moshe Benjamin (District of Columbia)

Cohen, Madeline Jean (District of Columbia)

Corkery, Dennis A. (District of Columbia)

Fansler, Craig Gordon (District of Columbia)

Glenn, Christen Lauren B'anca (District of Columbia)

Handley, Matthew K. (District of Columbia)

Howard, Theodore Augustus (District of Columbia)

Jeon, Deborah A. (Maryland)

Kumar, Sonia (Maryland)

Laughna, Jillian D (District of Columbia)

Lemley, Charles C. (District of Columbia)

Matavich, Margaret Elizabeth (District of Columbia)

McBride, Andrew (District of Columbia)

Norwood, Kendra Perkins (District of Columbia)

Sam, Dwayne D (District of Columbia)

Smith, Craig Michael (District of Columbia)

Walsh, Brian Gerard (District of Columbia)

Attorneys(s) for Defendant

Feldstein, Mira Aviv (Maryland)

Karp, Daniel (Maryland)

Levine, Jason Lee (Maryland)

Levitan, Ronald M (Maryland)

Marshall, Genevieve Goodrow (Maryland)

Peter, Matthew Douglas (Maryland)

Pickus, Philip M. (Maryland)

Rynd, Michael Brooks (Maryland)

Siff, Ephraim R (Maryland)

Zacarias, Carl N (Maryland)

Other Attorney(s)

Given, Emily Adams (District of Columbia)

Gupta, Vanita (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Lawrence, Kathleen O. (District of Columbia)

Meyer, Valerie L (District of Columbia)

Phoenix, Candyce Danielle (District of Columbia)

Schellenberg, Kali J (District of Columbia)

Schwabauer, Barbara A. (District of Columbia)

Valderrama, Hillary K (District of Columbia)

Woodard, Karen D. (District of Columbia)

Documents in the Clearinghouse

Document

1:16-cv-00201

17-01636

17-01779

17-01989

Docket

Aug. 14, 2020

Aug. 14, 2020

Docket
1

1:16-cv-00201

Complaint for Declaratory Relief, Injunctive Relief, Damages, and Attorneys' Fees

Jan. 20, 2016

Jan. 20, 2016

Complaint
60

1:16-cv-00201

Memo to Counsel Re: Franklin Savage, et al. v. Pocomoke City et al

June 21, 2016

June 21, 2016

Order/Opinion
72

1:16-cv-00201

Memo to Counsel Re: Franklin Savage, et al. v. Pocomoke City, et al.

Aug. 19, 2016

Aug. 19, 2016

Order/Opinion
80

1:16-cv-00201

Second Amended Complaint for Declaratory Relief, Injunctive Relief, Damages, and Attorney's Fees

Sept. 29, 2016

Sept. 29, 2016

Complaint
88 & 88-1 to 88-5

1:16-cv-00201

United States' Motion to Intervene

Oct. 19, 2016

Oct. 19, 2016

Pleading / Motion / Brief
154

1:16-cv-00201

Memo to Counsel Re: Franklin Savage, et al. v. Pocomoke City et al

Savage v. Pocomoke City et al

March 20, 2017

March 20, 2017

Order/Opinion

1:16-cv-00201

17-01636

17-01779

17-01989

[Opinion]

Savage v. State of Maryland

U. S. Court of Appeals for the Fourth Circuit

896 F.3d 260

July 13, 2018

July 13, 2018

Order/Opinion
281, 281-1 & 281-2

1:16-cv-00201

Notice of Acceptance of Offers of Judgment

March 27, 2019

March 27, 2019

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4512683/savage-v-pocomoke-city/

Last updated Aug. 5, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Russell Blake, Ernie Crofoot, Department of Maryland State Police, Patricia Donaldson, Bruce Morrison, Beau Oglesby, Nathaniel Passwaters, Brooks Phillips, Pocomoke City Maryland, Pocomoke City Police Department, Dale Smack, Dale Trotter, Rodney Wells, Worcester County Sheriff's Office ( Filing fee $ 400 receipt number 0416-5815529.), filed by Lynell Green, Franklin Savage, Kelvin Sewell. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons)(Glenn, Christen) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
2

QC NOTICE: 1 Complaint, filed by Kelvin Sewell, Franklin Savage, Lynell Green was filed incorrectly. **Not all Attorneys listed as Counsel have signed the document. Court staff has entered the appearance of only the attorneys who have signed the document. All other attorneys must enter their own entries of appearance. (ko, Deputy Clerk) (Entered: 01/21/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
3

Summons Issued 21 days as to Russell Blake, Ernie Crofoot, Department of Maryland State Police, Patricia Donaldson, Bruce Morrison, Beau Oglesby, Nathaniel Passwaters, Brooks Phillips, Pocomoke City, Pocomoke City Police Department, Dale Smack, Dale Trotter, Rodney Wells, Worcester County Sheriff's Office. (ko, Deputy Clerk) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
4

MOTION to Appear Pro Hac Vice for Brian Walsh ( Filing fee $ 50, receipt number 0416-5816652.) by Franklin Savage (Glenn, Christen) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
5

NOTICE of Appearance by Deborah A Jeon on behalf of All Plaintiffs (Jeon, Deborah) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
6

NOTICE of Appearance by Dwayne D Sam on behalf of All Plaintiffs (Sam, Dwayne) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
7

NOTICE of Appearance by Craig Michael Smith on behalf of All Plaintiffs (Smith, Craig) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
8

NOTICE of Appearance by Matthew Keith Handley on behalf of All Plaintiffs (Handley, Matthew) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
9

NOTICE of Appearance by Dennis A Corkery on behalf of All Plaintiffs (Corkery, Dennis) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
10

Local Rule 103.3 Disclosure Statement by Lynell Green, Franklin Savage, Kelvin Sewell. (Glenn, Christen) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
11

MOTION Redact Law Enforcement Defendants' Personal Identifying Information by Nathaniel Passwaters, Dale Smack, Rodney Wells, Worcester County Sheriff's Office Responses due by 2/8/2016 (Attachments: # 1 Text of Proposed Order)(Levine, Jason) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
12

RESPONSE to Motion re 11 MOTION Redact Law Enforcement Defendants' Personal Identifying Information filed by Lynell Green, Franklin Savage, Kelvin Sewell. Replies due by 2/11/2016. (Glenn, Christen) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
13

MOTION to Dismiss for Failure to State a Claim by Nathaniel Passwaters, Dale Smack, Rodney Wells, Worcester County Sheriff's Office Responses due by 2/16/2016 (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Text of Proposed Order)(Levine, Jason) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
14

NOTICE of Appearance by Andrew G McBride on behalf of All Plaintiffs (McBride, Andrew) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
15

Local Rule 103.3 Disclosure. (Levine, Jason) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
16

QC NOTICE: 4 Motion to Appear Pro Hac Vice filed by Franklin Savage needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
17

CORRECTED MOTION to Appear Pro Hac Vice for Brian Walsh by Lynell Green, Franklin Savage, Kelvin Sewell. The fee has already been paid.(Glenn, Christen) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
18

PAPERLESS ORDER granting 17 Corrected Motion to Appear Pro Hac Vice on behalf of Brian Walsh. Directing attorney Brian Walsh to register online for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 2/5/2016. (srd, Deputy Clerk) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
19

MOTION for Extension of Time to Amend 1 Complaint,,, by Lynell Green, Franklin Savage, Kelvin Sewell Responses due by 2/25/2016 (Attachments: # 1 Text of Proposed Order)(Glenn, Christen) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
20

Paperless ORDER granting 19 Motion for Extension of Time to Amend. Signed by Judge J. Frederick Motz on 2/8/2016. (Motz, J.) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
21

NOTICE of Appearance by Genevieve Goodrow Marshall on behalf of Department of Maryland State Police, Patricia Donaldson, Brooks Phillips (Marshall, Genevieve) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
22

ORDER granting 11 Motion to Redact Law Enforcement Defendants' Personal Identifying Information. Signed by Judge J. Frederick Motz on 2/29/2016. (bmhs, Deputy Clerk) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
23

AMENDED COMPLAINT against Russell Blake, Ernie Crofoot, Patricia Donaldson, Bruce Morrison, Beau Oglesby, Nathaniel Passwaters, Brooks Phillips, Pocomoke City, Dale Smack, Rodney Wells, County Commissioners of Worcester County, Reggie T Mason, filed by Lynell Green, Franklin Savage, Kelvin Sewell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Summons, # 12 Summons, # 13 Redlined Complaint)(Glenn, Christen) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

RECAP
24

NOTICE of Appearance by Craig Gordon Fansler on behalf of Lynell Green, Franklin Savage, Kelvin Sewell (Fansler, Craig) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
25

(FILED IN ERROR) AFFIDAVIT of Service for Summons and Complaint served on Ernie Crofoot on 1/22/2016, filed by Lynell Green, Franklin Savage, Kelvin Sewell. (Fansler, Craig) Modified on 3/23/2016 (bmhs, Deputy Clerk). (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
26

(FILED IN ERROR) AFFIDAVIT of Service for Summons and Complaint served on Patricia Donaldson on 2/4/2016, filed by Lynell Green, Franklin Savage, Kelvin Sewell. (Fansler, Craig) Modified on 3/23/2016 (bmhs, Deputy Clerk). (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
27

(FILED IN ERROR) NOTICE by Patricia Donaldson, Beau Oglesby, Brooks Phillips Subpoena to Metro DCPD to Produce Documents (Marshall, Genevieve) Modified on 3/23/2016 (bmhs, Deputy Clerk). (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
28

Summons Issued 21 days as to County Commissioners of Worcester County, Reggie T Mason. (bmhs, Deputy Clerk) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
29

QC NOTICE: 25 Affidavit of Service filed by Kelvin Sewell, Franklin Savage, Lynell Green and 26 Affidavit of Service filed by Kelvin Sewell, Franklin Savage, Lynell Green, was filed incorrectly. **Incorrect event was selected. Please refile using the event under Service of Process: Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
30

QC NOTICE: 27 Notice (Other) filed by Patricia Donaldson, Beau Oglesby, Brooks Phillips was filed incorrectly. **Discovery material is not filed with the Court pursuant to Local Rule 104. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
31

NOTICE of Appearance by Sonia Kumar on behalf of All Plaintiffs (Kumar, Sonia) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
32

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Patricia Donaldson served on 2/4/2016, answer due 2/25/2016. (Fansler, Craig) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
33

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Ernie Crofoot served on 1/22/2016, answer due 2/12/2016. (Fansler, Craig) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
34

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Beau Oglesby served on 1/24/2016, answer due 2/16/2016. (Fansler, Craig) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
35

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Bruce Morrison served on 1/23/2016, answer due 2/16/2016. (Fansler, Craig) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
36

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Dale Smack served on 1/22/2016, answer due 2/12/2016. (Fansler, Craig) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
37

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Nathaniel Passwaters served on 1/22/2016, answer due 2/12/2016. (Fansler, Craig) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
38

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Rodney Wells served on 1/22/2016, answer due 2/12/2016. (Fansler, Craig) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
39

SUMMONS Returned Executed by Lynell Green, Franklin Savage, Kelvin Sewell. Russell Blake served on 1/22/2016, answer due 2/12/2016. (Fansler, Craig) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
40

Paperless ORDER finding as moot 13 Motion to Dismiss for Failure to State a Claim. Signed by Judge J. Frederick Motz on 4/7/2016. (Motz, J.) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
41

MOTION to Dismiss Plaintiffs' Amended Complaint or, in the Alternative,, MOTION to Bifurcate Certain Claims by Russell Blake, Ernie Crofoot, Bruce Morrison, Pocomoke City Responses due by 4/29/2016 (Attachments: # 1 Memorandum in Support thereof)(Karp, Daniel) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
42

MOTION to Dismiss or, in the Alternative, MOTION to Bifurcate by County Commissioners of Worcester County Responses due by 4/29/2016 (Attachments: # 1 Memorandum in Support thereof)(Karp, Daniel) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
43

MOTION to Dismiss for Failure to State a Claim by Reggie T Mason, Nathaniel Passwaters, Dale Smack, Rodney Wells Responses due by 5/2/2016 (Attachments: # 1 Supplement, # 2 Text of Proposed Order)(Levine, Jason) (Entered: 04/14/2016)

1 Supplement

View on PACER

2 Text of Proposed Order

View on RECAP

April 14, 2016

April 14, 2016

RECAP
44

Supplemental to 41 MOTION to Dismiss Plaintiffs' Amended Complaint or, in the Alternative, MOTION to Bifurcate Certain Claims filed by Russell Blake, Ernie Crofoot, Bruce Morrison, Pocomoke City. (Karp, Daniel) Modified on 4/18/2016 (bmhs, Deputy Clerk). (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
45

MOTION to Dismiss or in the Alternative, Motion for Summary Judgment by Beau Oglesby Responses due by 5/2/2016 (Attachments: # 1 Supplement Memorandum of Law, # 2 Exhibit Ex. A: Purnell Case History, # 3 Exhibit Ex. B: Oglesby Decl., # 4 Exhibit Ex. B-1: 7-29-14 Corresp., # 5 Exhibit Ex. B-2: 8-29-14 Corresp., # 6 Exhibit Ex. B-3: 9-24-14 Corresp., # 7 Exhibit Ex. B-4: 11-21-14 Corresp., # 8 Exhibit Ex. B-5: Draft Warrant App., # 9 Exhibit Ex. B-6: Signed Warrant App., # 10 Exhibit Ex. B-7: 9-10-14 Lttr, to Pocomoke, # 11 Exhibit Ex. C-C-1: Hurley Decl. and Lttr., # 12 Exhibit Ex. D-D-1: Turnbull Decl. and Lttr.)(Levitan, Ronald) (Entered: 04/15/2016)

1 Supplement Memorandum of Law

View on PACER

2 Exhibit Ex. A: Purnell Case History

View on PACER

3 Exhibit Ex. B: Oglesby Decl.

View on PACER

4 Exhibit Ex. B-1: 7-29-14 Corresp.

View on PACER

5 Exhibit Ex. B-2: 8-29-14 Corresp.

View on PACER

6 Exhibit Ex. B-3: 9-24-14 Corresp.

View on PACER

7 Exhibit Ex. B-4: 11-21-14 Corresp.

View on PACER

8 Exhibit Ex. B-5: Draft Warrant App.

View on PACER

9 Exhibit Ex. B-6: Signed Warrant App.

View on PACER

10 Exhibit Ex. B-7: 9-10-14 Lttr, to Pocomoke

View on PACER

11 Exhibit Ex. C-C-1: Hurley Decl. and Lttr.

View on PACER

12 Exhibit Ex. D-D-1: Turnbull Decl. and Lttr.

View on PACER

April 15, 2016

April 15, 2016

PACER
46

MOTION to Dismiss or for Summary Judgment by Patricia Donaldson, Brooks Phillips Responses due by 5/5/2016 (Attachments: # 1 Supplement Memo of Law, # 2 Exhibit Ex. 1: Phillips Decl., # 3 Exhibit Ex. 2: Donaldson Decl., # 4 Exhibit Ex. 3, pt.1: Donaldson-Savage Texts, # 5 Exhibit Ex. 3, pt.2: Donaldson-Savage Texts, # 6 Exhibit Ex. 3, pt.3: Donaldson-Savage Texts, # 7 Exhibit Ex. 3, pt.4: Donaldson-Savage Texts, # 8 Exhibit Ex. 4-A: Phillips-Savage Texts-Savage Work, # 9 Exhibit Ex. 4-B: Phillips-Savage Texts-Savage Cell, # 10 Exhibit Ex. 5: Training Day, # 11 Exhibit Ex. 6: Photos, # 12 Exhibit Ex. 7: Body Count Lyric, # 13 Exhibit Ex. 8: Letter from Sewell to Brown, # 14 Exhibit Ex. 9: Photo of Savage's Cell)(Levitan, Ronald) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
47

MOTION for Extension of Time to File Response/Reply as to 20 Order on Motion for Extension of Time to Amend by Lynell Green, Franklin Savage, Kelvin Sewell Responses due by 5/9/2016 (Attachments: # 1 Text of Proposed Order)(Glenn, Christen) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
48

Paperless ORDER granting 47 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 4/22/2016. (Motz, J.) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
49

RESPONSE in Opposition re 42 MOTION to Dismiss or, in the Alternative MOTION to Bifurcate filed by Lynell Green, Franklin Savage, Kelvin Sewell. Replies due by 6/20/2016. (Attachments: # 1 Text of Proposed Order)(McBride, Andrew) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
50

RESPONSE in Opposition re 41 MOTION to Dismiss Plaintiffs' Amended Complaint or, in the Alternative, MOTION to Bifurcate Certain Claims filed by Lynell Green, Franklin Savage, Kelvin Sewell. Replies due by 6/20/2016. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(McBride, Andrew) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
51

RESPONSE in Opposition re 43 MOTION to Dismiss for Failure to State a Claim filed by Lynell Green, Franklin Savage, Kelvin Sewell. Replies due by 6/20/2016. (Attachments: # 1 Text of Proposed Order)(McBride, Andrew) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
52

RESPONSE in Opposition re 42 MOTION to Dismiss or, in the Alternative MOTION to Bifurcate, 41 MOTION to Dismiss Plaintiffs' Amended Complaint or, in the Alternative, MOTION to Bifurcate Certain Claims filed by Lynell Green, Franklin Savage, Kelvin Sewell. Replies due by 6/20/2016. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(McBride, Andrew) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
53

RESPONSE in Opposition re 45 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment filed by Lynell Green, Franklin Savage, Kelvin Sewell. Replies due by 6/20/2016. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(McBride, Andrew) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
54

RESPONSE in Opposition re 46 MOTION to Dismiss or for Summary Judgment filed by Lynell Green, Franklin Savage, Kelvin Sewell. Replies due by 6/20/2016. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(McBride, Andrew) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
55

MOTION to Appear Pro Hac Vice for Jillian D. Laughna ( Filing fee $ 50, receipt number 0416-6067000.) by Lynell Green, Franklin Savage, Kelvin Sewell (Glenn, Christen) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
56

REPLY to Response to Motion re 43 MOTION to Dismiss for Failure to State a Claim filed by Reggie T Mason, Nathaniel Passwaters, Dale Smack, Rodney Wells. (Attachments: # 1 Exhibit)(Levine, Jason) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
57

QC NOTICE: 55 Motion to Appear Pro Hac Vice filed by Kelvin Sewell, Franklin Savage, Lynell Green needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
58

CORRECTED MOTION to Appear Pro Hac Vice for Jillian D. Laughna by Lynell Green, Franklin Savage, Kelvin Sewell. The fee has already been paid.(Glenn, Christen) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
59

PAPERLESS ORDER granting 58 Corrected Motion to Appear Pro Hac Vice on behalf of Jillian D Laughna. Directing attorney Jillian D Laughna to register online for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 6/15/2016. (srd, Deputy Clerk) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
60

ORDER granting in part and denying in part 43 Motion to Dismiss. Signed by Judge J. Frederick Motz on 6/21/2016. (bmhs, Deputy Clerk) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

RECAP
61

ANSWER to 23 Amended Complaint,, by Nathaniel Passwaters, Dale Smack, Rodney Wells.(Levine, Jason) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
62

REPLY to Response to Motion re 42 MOTION to Dismiss or, in the Alternative MOTION to Bifurcate filed by County Commissioners of Worcester County. (Attachments: # 1 Exhibit a1, # 2 Exhibit a2, # 3 Exhibit a3)(Karp, Daniel) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
63

REPLY to Response to Motion re 41 MOTION to Dismiss Plaintiffs' Amended Complaint or, in the Alternative, MOTION to Bifurcate Certain Claims filed by Russell Blake, Ernie Crofoot, Bruce Morrison, Pocomoke City. (Attachments: # 1 Exhibit a)(Karp, Daniel) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
64

REPLY to Response to Motion re 46 MOTION to Dismiss or for Summary Judgment filed by Patricia Donaldson, Brooks Phillips. (Marshall, Genevieve) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
65

NOTICE by Patricia Donaldson, Brooks Phillips re 64 Reply to Response to Motion Table of Contents (Marshall, Genevieve) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
66

REPLY to Response to Motion re 45 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment Plaintiff's Amended Complaint filed by Beau Oglesby. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Beau Oglesby, # 2 Exhibit 1-A -Assignment Notice, # 3 Exhibit 2 - Declaration of Ernest Crofoot)(Marshall, Genevieve) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
67

Request for Hearing/Trial (McBride, Andrew) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
68

Correspondence re: Response to Doc 67 (Marshall, Genevieve) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
69

MOTION to Alter/Amend Judgment by Lynell Green, Franklin Savage, Kelvin Sewell Responses due by 8/5/2016 (Attachments: # 1 Memorandum in Support Thereof, # 2 Text of Proposed Order)(McBride, Andrew) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
70

RESPONSE in Opposition re 69 MOTION to Alter/Amend Judgment filed by Reggie T Mason, Nathaniel Passwaters, Dale Smack, Rodney Wells. Replies due by 8/8/2016. (Attachments: # 1 Text of Proposed Order)(Levine, Jason) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
71

REPLY to Response to Motion re 69 MOTION to Alter/Amend Judgment filed by Lynell Green, Franklin Savage, Kelvin Sewell. (McBride, Andrew) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
72

ORDER denying 41 Pocomoke City, Russell Blake, Ernest A. Crofoot, and Bruce Morrison's Partial Motion to Dismiss, or in the alternative, to Bifurcate certain claims; denying 46 Patricia Donaldson's and Brooks Phillips' Motion to Dismiss or, in the alternative, for summary judgment; denying 42 the County Commissioners of Worcester County's Motion to Dismiss, or in the alternative, to Bifurcate; granting 45 Defendant Beau Oglesby's Motion to Dismiss, or in the alternative, for summary judgment; denying 69 Motion to Alter or Amend the Judgment; and scheduling a conference call. Signed by Judge J. Frederick Motz on 8/19/2016. (Attachments: # 1 Tentative Scheduling Order, # 2 Letter to Counsel) (bmhs, Deputy Clerk) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

RECAP
73

Correspondence re: August 29 Conference Call (Attachments: # 1 Exhibit)(McBride, Andrew) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER

Scheduling Conference

Aug. 29, 2016

Aug. 29, 2016

PACER

Scheduling Conference held on 8/29/2016 before Judge J. Frederick Motz. (Court Reporter: None) (mds, Deputy Clerk)

Aug. 29, 2016

Aug. 29, 2016

PACER
74

NOTICE of Appearance by Phillip Michael Pickus on behalf of Patricia Donaldson, Brooks Phillips (Pickus, Phillip) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
75

Consent MOTION for Extension of Time to File Response/Reply Answer by Russell Blake, County Commissioners of Worcester County, Ernie Crofoot, Patricia Donaldson, Bruce Morrison, Brooks Phillips, Pocomoke City, Pocomoke City Police Department. Responses due by 9/19/2016 (Marshall, Genevieve) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
76

Paperless ORDER granting 75 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 8/31/2016. (Motz, J.) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
77

Status Report Submitted Joint by Russell Blake, County Commissioners of Worcester County, Ernie Crofoot, Bruce Morrison, Pocomoke City (Karp, Daniel) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
78

MOTION for Certificate of Appealability by Franklin Savage Responses due by 9/26/2016 (Attachments: # 1 Supporting Memorandum, # 2 Text of Proposed Order)(McBride, Andrew) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
79

NOTICE by Lynell Green, Franklin Savage, Kelvin Sewell of Second Amended Complaint (McBride, Andrew) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
80

AMENDED COMPLAINT against Russell Blake, County Commissioners of Worcester County, Ernie Crofoot, Patricia Donaldson, Reggie T Mason, Bruce Morrison, Nathaniel Passwaters, Brooks Phillips, Pocomoke City, Dale Smack, Rodney Wells, STATE OF MARYLAND, filed by Lynell Green, Franklin Savage, Kelvin Sewell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Summons, # 13 Redlined Complaint)(McBride, Andrew) (Entered: 09/29/2016)

1 Exhibit A

View on PACER

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

5 Exhibit E

View on PACER

6 Exhibit F

View on RECAP

7 Exhibit G

View on RECAP

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on RECAP

12 Summons

View on PACER

13 Redlined Complaint

View on PACER

Sept. 29, 2016

Sept. 29, 2016

RECAP
81

Summons Issued 21 days as to State of Maryland. (bmhs, Deputy Clerk) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
82

RESPONSE in Opposition re 78 MOTION for Certificate of Appealability filed by Beau Oglesby. Replies due by 10/20/2016. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Marshall, Genevieve) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
83

REPLY to Response to Motion re 78 MOTION for Certificate of Appealability filed by Franklin Savage. (McBride, Andrew) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
84

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Second Amended Complaint by Patricia Donaldson, Brooks Phillips, State of Maryland. Responses due by 11/3/2016 (Marshall, Genevieve) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
85

Paperless ORDER granting 84 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 10/18/2016. (Motz, J.) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
86

NOTICE of Appearance by Michael Brooks Rynd on behalf of Russell Blake, County Commissioners of Worcester County, Ernie Crofoot, Bruce Morrison, Pocomoke City (Rynd, Michael) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
87

NOTICE of Appearance by Barbara Ann Schwabauer on behalf of UNITED STATES OF AMERICA (Schwabauer, Barbara) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
88

MOTION to Intervene by UNITED STATES OF AMERICA Responses due by 11/7/2016 (Attachments: # 1 Exhibit Ex. 1 - Certificate of Public Importance, # 2 Exhibit Ex. 2 - U.S. Complaint in Intervention, # 3 Exhibit Memorandum in Support, # 4 Exhibit Ex. A to Memorandum - Letters of Determination, # 5 Text of Proposed Order Proposed Order)(Schwabauer, Barbara) (Entered: 10/19/2016)

1 Exhibit Ex. 1 - Certificate of Public Importance

View on PACER

2 Exhibit Ex. 2 - U.S. Complaint in Intervention

View on PACER

3 Exhibit Memorandum in Support

View on PACER

4 Exhibit Ex. A to Memorandum - Letters of Determination

View on PACER

5 Text of Proposed Order Proposed Order

View on PACER

Oct. 19, 2016

Oct. 19, 2016

PACER
89

MOTION for Leave to File Sur-Reply by Beau Oglesby Responses due by 11/7/2016 (Attachments: # 1 Exhibit Exhibit A: Proposed Sur-Reply, # 2 Text of Proposed Order Proposed Order)(Feldstein, Mira) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
90

ORDER denying 78 Motion for Final Judgment. Signed by Judge J. Frederick Motz on 10/19/2016. (bmhs, Deputy Clerk) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
91

NOTICE of Appearance by Kathleen O'Malley Lawrence on behalf of United States of America (Lawrence, Kathleen) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
92

MOTION to Dismiss for Failure to State a Claim, For Lack of Subject Matter Jurisdiction, or for Summary Judgment by Reggie T Mason, Nathaniel Passwaters, Dale Smack, State of Maryland Responses due by 11/14/2016 (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Text of Proposed Order)(Levine, Jason) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
93

MOTION to Strike Exhibit A to Second Amended Complaint, and All Paragraphs Referencing EEOC Findings by Russell Blake, County Commissioners of Worcester County, Ernie Crofoot, Department of Maryland State Police, Patricia Donaldson, Reggie T Mason, Bruce Morrison, Nathaniel Passwaters, Brooks Phillips, Pocomoke City, Dale Smack, State of Maryland, Rodney Wells Responses due by 11/14/2016 (Attachments: # 1 Text of Proposed Order)(Levine, Jason) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
94

NOTICE of Appearance by Karen D Woodard on behalf of United States of America (Woodard, Karen) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
95

RESPONSE to Motion re 88 MOTION to Intervene filed by Reggie T Mason, Nathaniel Passwaters, Dale Smack, State of Maryland, Rodney Wells.(Levine, Jason) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
96

Correspondence re: Pending and Expected Motions to Dismiss (Lawrence, Kathleen) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
97

MOTION to Dismiss, Partial, by County Commissioners of Worcester County (Attachments: # 1 Memorandum in Support thereof)(Karp, Daniel) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
98

MOTION to Dismiss, Partial, by Pocomoke City (Attachments: # 1 Memorandum in Support thereof, # 2 Exhibit A)(Karp, Daniel) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 20, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three officers employed or formerly employed by Pocomoke City Police Department who faced racial discrimination in employment.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

Washington Lawyers' Committee

ACLU Affiliates (any)

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pocomoke City, City

Pocomoke City Police Department (Pocomoke City), City

Worcester County Sheriff's Office (Worcester), County

Department of Maryland State Police, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: $650,002.00

Order Duration: 2019 - 2022

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

Black