Case: Cottman v. Baltimore Police Department

1:21-cv-00837 | U.S. District Court for the District of Maryland

Filed Date: April 1, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Baltimore Police Department (“BPD”) policy and practice of searching, seizing, retaining, and destroying the personal property of victims of violent crimes. On April 1, 2021, three plaintiffs filed this class-action lawsuit against BPD and the City of Baltimore in the U.S. District Court for the District of Maryland. Represented by the Lawyers’ Committee for Civil Rights Under Law and private counsel, the plaintiffs sued under 42 U.S.C. § 1983, alleging that BPD’s pract…

This case challenged the Baltimore Police Department (“BPD”) policy and practice of searching, seizing, retaining, and destroying the personal property of victims of violent crimes. On April 1, 2021, three plaintiffs filed this class-action lawsuit against BPD and the City of Baltimore in the U.S. District Court for the District of Maryland. Represented by the Lawyers’ Committee for Civil Rights Under Law and private counsel, the plaintiffs sued under 42 U.S.C. § 1983, alleging that BPD’s practices and policies of “unreasonably taking” personal property were unconstitutional, violating their Fourth, Fifth, and Fourteenth Amendment Due Process rights. The plaintiffs sought declaratory and injunctive relief, compensatory and punitive damages, and attorneys’ fees. The case was assigned to District Judge Stephanie A. Gallagher.

On July 8, 2021, the plaintiffs filed an amended complaint, extending the requested class of affected persons to include individuals who were successors in interest of decedents whose property had been illegally searched and seized by BPD. The amended complaint set forth eleven causes of action.

On September 21, 2021, the defendants moved to dismiss the case for failure to state a claim. Judge Gallagher granted that motion in part and denied it in part on January 13, 2022. First, she rejected the plaintiffs’ claim that BPD’s policies were facially unconstitutional, since they were “not unconstitutional in all of [their relevant] applications.” Second, she rejected the plaintiffs’ claims against the Baltimore Mayor, citing case law that BPD officers were state employees free from the City’s supervision and control, therefore shielding City officials from liability for their conduct. The court allowed the rest of the plaintiffs’ claims to proceed.

On April 1, 2022, the defendants filed a joint motion to bifurcate and stay Monell discovery. On June 9, 2022, Judge Gallagher denied the motion, holding that the facts of this case made it judicially economical to explore whether the plaintiffs’ class and Monell claims had merit before going to trial for their individual property claims.

On November 7, 2022, the defendants filed a motion to strike class allegations. On February 10, 2023, Judge Gallagher denied the motion.

On July 14, 2022, the case was referred to Magistrate Judge J. Mark Coulson for settlement; settlemend discussions proceeded over the next two years, with further litigation stayed to facilitate.  On September 10, 2024, the defendants filed a stipulation of dismissal. Though the settlement is not found in the pleadings, this Baltimore Sun article reports that the settlement amount was $40,000. This amount was to be paid by the City, since on June 1, 2021, full control of BPD was transferred from the State to the City. Furthermore, this press release by the Lawyers’ Committee for Civil Rights Under Law states that as a part of the settlement terms, BPD adopted a new policy making it easier for individuals with items in police custody to retrieve them, and committed to “training, supervising, and disciplining its officers and employees to ensure they conduct[ed] searches and seizures within the confines of the law.”

As of February 24, 2025, there was no further docket activity.

Summary Authors

Spoorthi Krishnaraj (2/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59801182/parties/cottman-v-baltimore-police-department/


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Documents in the Clearinghouse

Document
1

1:21-cv-00837

Class Action Complaint and Jury Demand

April 1, 2021

April 1, 2021

Complaint
38

1:21-cv-00837

Class Action Complaint and Jury Demand

July 8, 2021

July 8, 2021

Complaint
54

1:21-cv-00837

Memorandum Opinion

Jan. 13, 2022

Jan. 13, 2022

Order/Opinion

2022 WL 137735

74

1:21-cv-00837

Memorandum Opinion

June 9, 2022

June 9, 2022

Order/Opinion

2022 WL 2073852

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59801182/cottman-v-baltimore-police-department/

Last updated Aug. 15, 2025, 10:27 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Class Action against All Defendants ( Filing fee $ 402 receipt number 0416-9197346.), filed by Damon Gray, Faye Cottman, Amber Spencer. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Baltimore Police Department, # 3 Summons to Michael S. Harrison, # 4 Summons to City of Baltimore, # 5 Summons to Jeffrey A. Converse, # 6 Summons to Annmarie Dipasquale, # 7 Summons to Destinee L. Macklin, # 8 Summons to Darryl D. De Sousa, # 9 Summons to Gary Tuggle, # 10 Summons to Brandon Scott, Mayor of Baltimore)(Mays, Tianna) (Entered: 04/01/2021)

1 Civil Cover Sheet

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2 Summons to Baltimore Police Department

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3 Summons to Michael S. Harrison

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4 Summons to City of Baltimore

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5 Summons to Jeffrey A. Converse

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6 Summons to Annmarie Dipasquale

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7 Summons to Destinee L. Macklin

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8 Summons to Darryl D. De Sousa

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9 Summons to Gary Tuggle

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10 Summons to Brandon Scott, Mayor of Baltimore

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April 1, 2021

April 1, 2021

Clearinghouse
2

MOTION to Appear Pro Hac Vice for Arthur Ago (Filing fee $100, receipt number 0416-9197402.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
3

MOTION to Appear Pro Hac Vice for Christine Anne Malik (Filing fee $100, receipt number 0416-9197444.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
4

MOTION to Appear Pro Hac Vice for Nicole Lloret (Filing fee $100, receipt number 0416-9197466.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
5

MOTION to Appear Pro Hac Vice for Ellen Murphy (Filing fee $100, receipt number 0416-9197477.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
6

MOTION to Appear Pro Hac Vice for Matthew Thomas Reeder (Filing fee $100, receipt number 0416-9197483.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
7

MOTION to Appear Pro Hac Vice for Olamide O. Olusesi (Filing fee $100, receipt number 0416-9197487.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
8

MOTION to Appear Pro Hac Vice for Alison Epperson (Filing fee $100, receipt number 0416-9197492.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
9

Summons Issued 21 days as to Baltimore Police Department, City Of Baltimore, Jeffrey A. Converse, Darryl D. De Sousa, AnnMarie DiPasquale, Michael S. Harrison, Destinee L. Macklin, Brandon Scott, Gary Tuggle.(krs, Deputy Clerk) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
10

QC NOTICE: 1 Complaint,, filed by Faye Cottman, Damon Gray, Amber Spencer was filed incorrectly. **Proposed Summonses were not provided for two defendant, BPD Officers John/Jane Does 1 to 20 and Supervisory BPD Officers John/Jane Does 1 to 20. Please correct deficiency using the event "Notice - other," filing the two missing summonses as the main document and link to 1 Complaint. (krs, Deputy Clerk) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
11

NOTICE by Faye Cottman, Damon Gray, Amber Spencer re 1 Complaint,, (Attachments: # 1 Summons)(Mays, Tianna) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
12

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of C Anne Malik. Directing attorney C Anne Malik to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
13

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Nicole Lloret. Directing attorney Nicole Lloret to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
14

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Ellen M Murphy. Attorney Ellen M Murphy will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
15

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Matthew Thomas Reeder. Directing attorney Matthew Thomas Reeder to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
16

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Olamide O Olusesi. Directing attorney Olamide O Olusesi to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
17

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Alison Epperson. Directing attorney Alison Epperson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
18

Summons Issued 21 days as to BPD Officers John/Jane Does 1 to 20, Supervisory BPD Officers John/Jane Does 1 to 20.(krs, Deputy Clerk) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
19

PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Arthur Ago. Directing attorney Arthur Ago to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/14/2021. (mh4, Deputy Clerk) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
20

[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Brandon Scott, Mayor of Baltimore, in his Official Capacity on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
21

[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Gary Tuggle (#D736) on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
22

[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Baltimore Police Department on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
23

[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Darryl D. De Sousa (#E403) on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
24

[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Michael S. Harrison (#T924) on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
25

[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on City of Baltimore on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
26

[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Jeffrey A. Converse (#H218) on 5/18/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
27

QC NOTICE: 26 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 23 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 22 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 24 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 20 Affidavit of Service, filed by Faye Cottman, Damon Gray, Amber Spencer, 21 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 25 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer was filed incorrectly. **Incorrect event used. Refile using the event "Summons returned executed" and input date of service for the party served. It has been noted as FILED IN ERROR, and the document link has been disabled. (krs, Deputy Clerk) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
28

SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Brandon Scott served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
29

SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Gary Tuggle served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
30

SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Baltimore Police Department served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
31

SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Darryl D. De Sousa served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
32

SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Michael S. Harrison served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
33

SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. City Of Baltimore served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
34

SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Jeffrey A. Converse served on 5/18/2021, answer due 6/8/2021.(Reeder, Matthew) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
35

MOTION to Withdraw as Attorney Ellen M. Murphy by Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Murphy, Ellen) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
36

ORDER granting 35 Motion to Withdraw as Attorney. Attorney Ellen M Murphy terminated. Signed by Judge Stephanie A. Gallagher on 6/28/2021. (dass, Deputy Clerk) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
37

NOTICE of Appearance by Kara K Lynch on behalf of Baltimore Police Department, City Of Baltimore, Darryl D. De Sousa, Michael S. Harrison, Brandon Scott, Gary Tuggle (Lynch, Kara) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
38

AMENDED COMPLAINT against BPD Officers John/Jane Does 1 to 20, Baltimore Police Department, Jeffrey A. Converse, Darryl D. De Sousa, AnnMarie DiPasquale, Michael S. Harrison, Destinee L. Macklin, Brandon Scott, Supervisory BPD Officers John/Jane Does 1 to 20, Gary Tuggle, Brian Nadeau, Ryan O'Connor, Robert Ross, Scott Dressler, Mark Walrath, filed by Damon Gray, Faye Cottman, Amber Spencer, Audrey Carter. (Attachments: # 1 Amended Complaint Redline, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Mays, Tianna) (Entered: 07/08/2021)

1 Amended Complaint Redline

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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July 8, 2021

July 8, 2021

Clearinghouse
39

Summons Issued 21 days as to Scott Dressler, Brian Nadeau, Ryan O'Connor, Robert Ross, Mark Walrath. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (hmls, Deputy Clerk) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
40

Consent MOTION for Extension of Time to File Answer or Response by Baltimore Police Department, City Of Baltimore, Darryl D. De Sousa, Michael S. Harrison, Brian Nadeau, Brandon Scott, Gary Tuggle (Attachments: # 1 Text of Proposed Order)(Lynch, Kara) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
41

ORDER Granting 40 Motion for Extension of Time to Answer Baltimore Police Department answer due 9/21/2021; City Of Baltimore answer due 9/21/2021; Darryl D. De Sousa answer due 9/21/2021; Michael S. Harrison answer due 9/21/2021; Brian Nadeau answer due 9/21/2021; Brandon Scott answer due 9/21/2021; Gary Tuggle answer due 9/21/2021.. Signed by Judge Stephanie A. Gallagher on 9/2/2021. (bas, Deputy Clerk) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
42

SUMMONS Returned Executed by Faye Cottman, Audrey Carter, Damon Gray, Amber Spencer. Scott Dressler served on 8/2/2021, answer due 8/23/2021; Brian Nadeau served on 8/2/2021, answer due 9/21/2021; Ryan O'Connor served on 8/2/2021, answer due 8/23/2021; Mark Walrath served on 8/2/2021, answer due 8/23/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mays, Tianna) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
43

NOTICE of Appearance by Christopher C Jeffries on behalf of Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Jeffries, Christopher) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
44

NOTICE of Appearance by Louis Paul Malick on behalf of Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Malick, Louis) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
45

MOTION to Dismiss Officer Defendants' Motion to Dismiss by Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Attachments: # 1 Memorandum in Support Memorandum in Support of Officer Defendants' Motion to Dismiss)(Malick, Louis) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
46

MOTION to Dismiss for Failure to State a Claim by Baltimore Police Department, Darryl D. De Sousa, Michael S. Harrison, Brian Nadeau, Brandon Scott, Gary Tuggle (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Lynch, Kara) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
47

Joint MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss, 46 MOTION to Dismiss for Failure to State a Claim, Consent MOTION for Leave to File Excess Pages by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Reeder, Matthew) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
48

PAPERLESS ORDER granting 47 Motion for Extension of Time to File Response/Reply re 46 MOTION to Dismiss for Failure to State a Claim, 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss ; granting 47 Motion for Leave to File Excess Pages. Signed by Judge Stephanie A. Gallagher on 10/5/2021. (vals, Chambers) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
49

RESPONSE in Opposition re 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss, 46 MOTION to Dismiss for Failure to State a Claim filed by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer. (Attachments: # 1 Text of Proposed Order)(Mays, Tianna) (Entered: 11/05/2021)

1 Text of Proposed Order

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Nov. 5, 2021

Nov. 5, 2021

RECAP
50

Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss, 46 MOTION to Dismiss for Failure to State a Claim by Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Attachments: # 1 Text of Proposed Order)(Jeffries, Christopher) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
51

PAPERLESS ORDER granting 50 Motion for Extension of Time to File Response/Reply re 46 MOTION to Dismiss for Failure to State a Claim, 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss. Signed by Judge Stephanie A. Gallagher on 11/30/2021. (vals, Chambers) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
52

REPLY to Response to Motion re 46 MOTION to Dismiss for Failure to State a Claim filed by Baltimore Police Department, City Of Baltimore, Michael S. Harrison, Brian Nadeau, Brandon Scott, Gary Tuggle.(Lynch, Kara) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
53

REPLY to Response to Motion re 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss filed by Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross.(Jeffries, Christopher) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

RECAP
54

MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 1/13/2022. (kk5s, Deputy Clerk) (Entered: 01/14/2022)

Jan. 13, 2022

Jan. 13, 2022

Clearinghouse
55

ORDER granting in part and denying in part 45, 46 Defendants' Motions to Dismiss the Amended Complaint. Darryl D. De Sousa ((#E403), former Commissioner, in his Individual and Official Capacity), Scott Dressler (LT Baltimore Police Department), Michael S. Harrison ( (#T924), Commissioner, in his Individual and Official Capacity), Brian Nadeau (Deputy Baltimore Police Commissioner), Ryan O'Connor (Detective Baltimore Police Department), Robert Ross (Sergeant Detective Baltimore Police Department), Brandon Scott (Mayor of Baltimore, in his Official Capacity), Supervisory BPD Officers John/Jane Does 1 to 20 (in their Individual and Official Capacities), Gary Tuggle ((#D736), former Interim Commissioner, in his Individual and Official Capacity), Mark Walrath (LT Baltimore Police Department), BPD Officers John/Jane Does 1 to 20 (in their Individual and Official Capacities) and Faye Cottman terminated. Signed by Judge Stephanie A. Gallagher on 1/13/2022. (kk5s, Deputy Clerk) (Entered: 01/14/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
56

NOTICE of Appearance by Christopher C Jeffries on behalf of AnnMarie DiPasquale (Jeffries, Christopher) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
57

NOTICE of Appearance by Louis Paul Malick on behalf of AnnMarie DiPasquale (Malick, Louis) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
58

Consent MOTION for Extension of Time to File Answer to Plaintiffs' Amended Class Action Complaint by Jeffrey A. Converse, AnnMarie DiPasquale, Scott Dressler, Destinee L. Macklin (Attachments: # 1 Text of Proposed Order)(Jeffries, Christopher) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP
59

PAPERLESS ORDER granting 58 MOTION for Extension of Time to File Answer. Jeffrey A. Converse, AnnMarie DiPasquale, Scott Dressler, Destinee L. Macklin answer due 2/11/2022.. Signed by Judge Stephanie A. Gallagher on 1/31/2022. (vals, Chambers) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
60

ANSWER to 38 Amended Complaint,, by Baltimore Police Department.(Lynch, Kara) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

RECAP
61

ANSWER to 38 Amended Complaint,, by Jeffrey A. Converse.(Jeffries, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
62

ANSWER to 38 Amended Complaint,, by AnnMarie DiPasquale.(Jeffries, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
63

ANSWER to 38 Amended Complaint,, by Scott Dressler.(Jeffries, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
64

ANSWER to 38 Amended Complaint,, by Destinee L. Macklin.(Jeffries, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
65

AMENDED ORDER dismissing Count I and Counts X-XI of the Amended Complaint; dismissing Defendant Mayor Brandon Scott; dismissing the Amended Complaint against all individual Defendants insofar as they are sued in their official capacities; dismissing the Amended Complaint against the following individual Defendants insofar as they are sued in their personal capacities: Commissioner Michael Harrison; Former Interim Commissioner Garry Tuggle; Former Commissioner Darryl De Sousa; BPD Officers John/Jane Does 1 to 20; Detective Ryan O'Connor; Sergeant Detective Robert Ross; and Lieutenant Mark Walrath. Accordingly, the following Defendants should remain in the case: Baltimore Police Department; Detective Destinee Macklin (in her individual capacity only); Detective Jeffrey Converse (in his individual capacity only); Lieutenant Scott Dressler (in his individual capacity only); and Detective AnnMarie DiPasquale (in her individual capacity only). Signed by Judge Stephanie A. Gallagher on 2/16/2022. (kk5s, Deputy Clerk) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
66

SCHEDULING ORDER: Status Report due by 7/5/2022. Signed by Judge Stephanie A. Gallagher on 2/18/2022. (kk5s, Deputy Clerk) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
67

Joint MOTION for Other Relief (Omnibus Status Update and Joint Motion Requesting Modification of Initial Scheduling Order and Seeking a Temporary Partial Stay of Discovery) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Reeder, Matthew) (Entered: 03/04/2022)

1 Text of Proposed Order

View on PACER

March 4, 2022

March 4, 2022

RECAP
68

ORDER granting 67 Joint Motion Requesting Modification of Initial Scheduling Order and Seeking a Temporary Partial Stay of Discovery. Signed by Judge Stephanie A. Gallagher on 3/4/2022. (kk5s, Deputy Clerk) (Entered: 03/07/2022)

March 4, 2022

March 4, 2022

PACER
69

Joint MOTION to Bifurcate and Stay Monell Discovery by Baltimore Police Department (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lynch, Kara) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

RECAP
70

RESPONSE in Opposition re 69 Joint MOTION to Bifurcate and Stay Monell Discovery filed by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Mays, Tianna) (Entered: 05/02/2022)

1 Exhibit A

View on PACER

2 Text of Proposed Order

View on PACER

May 2, 2022

May 2, 2022

RECAP
71

MOTION to Withdraw as Attorney by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Olusesi, Olamide) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
72

PAPERLESS ORDER granting 71 Motion to Withdraw as Attorney. Attorney Olamide O Olusesi terminated. Signed by Judge Stephanie A. Gallagher on 5/16/2022. (kk5s, Deputy Clerk) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
73

REPLY to Response to Motion re 69 Joint MOTION to Bifurcate and Stay Monell Discovery filed by Baltimore Police Department.(Lynch, Kara) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

RECAP
74

MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 6/9/2022. (kk5s, Deputy Clerk) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

Clearinghouse
75

ORDER denying without prejudice 69 Motion to Bifurcate and Stay Monell Discovery. Signed by Judge Stephanie A. Gallagher on 6/9/2022. (kk5s, Deputy Clerk) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
76

Joint MOTION REQUESTING MODIFICATION OF INITIAL SCHEDULING ORDER AND SEEKING A TEMPORARY PARTIAL STAY OF DISCOVERY by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Mays, Tianna) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
77

PAPERLESS ORDER granting 76 Joint Motion for Modification of Scheduling Order. Signed by Judge Stephanie A. Gallagher on 7/12/2022. (vals, Chambers) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
78

ORDER REFERRING CASE to Magistrate Judge J. Mark Coulson for Settlement. Signed by Judge Stephanie A. Gallagher on 7/14/2022. (hmls, Deputy Clerk) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
79

MOTION to Appear Pro Hac Vice for Ciarra Carr (Filing fee $100, receipt number AMDDC-10087435.) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
80

PAPERLESS ORDER granting 79 Motion to Appear Pro Hac Vice on behalf of Ciarra Nadine Carr. Directing attorney Ciarra Nadine Carr to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 8/8/2022. (mh4s, Deputy Clerk) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
81

ORDER Scheduling Settlement Conference. Signed by Magistrate Judge J. Mark Coulson on 9/28/2022. (daws, Chambers) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
82

Joint MOTION to Strike Class Allegations in Amended Complaint by Baltimore Police Department (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lynch, Kara) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
83

Joint MOTION for Other Relief (Modify Scheduling Order) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Exhibit 1)(Mays, Tianna) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
84

STIPULATION (Stipulated Order Regarding Confidentiality of Discovery Material) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
85

PAPERLESS ORDER APPROVING re 84 Stipulation filed by Faye Cottman, Damon Gray, Audrey Carter, Amber Spencer. Signed by Judge Stephanie A. Gallagher on 11/23/2022. (vals, Chambers) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
86

ORDER granting 83 Joint Motion to Modify the Scheduling Order. Signed by Judge Stephanie A. Gallagher on 11/23/2022. (kk5s, Deputy Clerk) (Entered: 11/30/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
87

RESPONSE in Opposition re 82 Joint MOTION to Strike Class Allegations in Amended Complaint filed by Faye Cottman, Damon Gray, Amber Spencer. (Attachments: # 1 Affidavit of Tianna Mays in Support, # 2 Exhibit A to Mays Affidavit, # 3 Exhibit B to Mays Affidavit, # 4 Exhibit C to Mays Affidavit)(Mays, Tianna) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
88

MOTION to Withdraw as Attorney by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Reeder, Matthew) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER
89

ORDER granting 88 Motion to Withdraw as Attorney. Attorney Matthew Thomas Reeder terminated. Signed by Judge Stephanie A. Gallagher on 12/21/2022. (heps, Deputy Clerk) (Entered: 12/22/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
90

NOTICE of Appearance by Christine Ellen White on behalf of Baltimore Police Department (White, Christine) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
91

Joint MOTION for Extension of Time to File Response/Reply by Baltimore Police Department, Jeffrey A. Converse, AnnMarie DiPasquale, Scott Dressler, Destinee L. Macklin. (Attachments: # 1 Text of Proposed Order)(White, Christine) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
92

PAPERLESS ORDER granting 91 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 1/19/2023. (vals, Chambers) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
93

NOTICE of Appearance by Benjamin F Aiken, Aiken on behalf of All Plaintiffs (Aiken, Benjamin) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
94

NOTICE of Appearance by Gregory Thomas Fox on behalf of Baltimore Police Department (Fox, Gregory) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
95

REPLY to Response to Motion re 82 Joint MOTION to Strike Class Allegations in Amended Complaint filed by Baltimore Police Department.(Lynch, Kara) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

PACER
96

MOTION to Appear Pro Hac Vice for Howard Ullman (Filing fee $100, receipt number AMDDC-10419292.) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 02/07/2023)

Feb. 7, 2023

Feb. 7, 2023

PACER
97

MOTION to Appear Pro Hac Vice for Jade Gasek (Filing fee $100, receipt number AMDDC-10419298.) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 02/07/2023)

Feb. 7, 2023

Feb. 7, 2023

PACER
98

QC NOTICE: 96 Motion to Appear Pro Hac Vice filed by Faye Cottman, Damon Gray, Audrey Carter, Amber Spencer needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 02/07/2023)

Feb. 7, 2023

Feb. 7, 2023

PACER
99

PAPERLESS ORDER granting 97 Motion to Appear Pro Hac Vice on behalf of Jade Gasek. Directing attorney Jade Gasek to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/7/2023. (mh4s, Deputy Clerk) (Entered: 02/07/2023)

Feb. 7, 2023

Feb. 7, 2023

PACER
100

ORDER denying without prejudice 82 Motion to Strike Class Allegations. Signed by Judge Stephanie A. Gallagher on 2/10/2023. (kk5s, Deputy Clerk) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Policing

Criminal Justice (Other)

Key Dates

Filing Date: April 1, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Residents of the City of Baltimore who were victims of serious assaults—including on behalf of deceased victims, their personal representatives, successors in interest, and/or next of kin—on or after April 1, 2018 and whose property BPD unlawfully seized without a warrant or consent.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City of Baltimore (Baltimore City, Baltimore City), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Apology

Training

Amount Defendant Pays: $40,000

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Loss or damage to property

Pattern or Practice

Search policies