Case: Maryland NAACP v. Baltimore City Police Department

1:06-cv-01863 | U.S. District Court for the District of Maryland

Filed Date: June 14, 2006

Closed Date: 2015

Clearinghouse coding complete

Case Summary

This case, Maryland NAACP v. Baltimore City Police Department, 1:06-cv-01863-CCB (D. Md. 2006) was one of three cases filed about the same time alleging mistreatment of persons arrested and taken to Baltimore Central Booking and Intake Center ("Central Booking" or "CBIC") for booking and processing. (The other cases were JC-MD-0007: Jones v. Murphy, Case No. 1:05-cv-01287-CCB (D. Md. 2005) and JC-MD-0011: Rodney v. Murphy, 24-C-05004405, filed in Maryland state court.) Central Booking was o…

This case, Maryland NAACP v. Baltimore City Police Department, 1:06-cv-01863-CCB (D. Md. 2006) was one of three cases filed about the same time alleging mistreatment of persons arrested and taken to Baltimore Central Booking and Intake Center ("Central Booking" or "CBIC") for booking and processing. (The other cases were JC-MD-0007: Jones v. Murphy, Case No. 1:05-cv-01287-CCB (D. Md. 2005) and JC-MD-0011: Rodney v. Murphy, 24-C-05004405, filed in Maryland state court.) Central Booking was opened in 1995 as the central location for booking and processing arrestees in Baltimore City. Operated by the Maryland Division of Pretrial Detention and Services, part of the Maryland Department of Public Safety and Correctional Services, Central Booking processed approximately 100,000 arrestees annually.

This case was a class-action lawsuit filed in the United States District for the District of Maryland on July 21, 2006, by five individuals and two NAACP entities. Represented by the ACLU of Maryland Foundation and private attorneys from New York and Washington, D.C., the plaintiffs alleged that the Baltimore City Police Department engaged in a pattern and practice of illegally arresting tens of thousands of individuals each year who were not and could not be prosecuted. The plaintiffs further alleged that, after being illegally arrested, the individuals were taken to Central Booking where they were strip-searched and detained for days, as long as 54 hours, in inhumane conditions, until they were released without being charged with a crime. This practice, plaintiffs alleged, was encouraged by the Baltimore Police Department, which rewarded officers for high arrest productivity and punished officers with few arrests, regardless of the success of the prosecution. In 2005, 30% of those arrested without a warrant were never charged. The plaintiffs alleged there were illegal arrests for things such as stopping on the street to watch a woman being handcuffed, handing out religious pamphlets, sitting on the steps of a building, dropping a food wrapper, and walking down the street.

The plaintiffs sought monetary damages, injunctive relief, and certification for a class consisting of "arrestees who were (1) arrested by the Police Department without probable cause and (2) released without charges after being booked at CBIC." The defendants included the City of Baltimore, the Baltimore Police Department, the warden of Central Booking, and other state officials.

The State defendants answered by generally denying the charges. The City and Police Department moved to dismiss for failure to state a claim. On December 1, 2006, the District Court (District Judge Catherine C. Blake) denied the motion to dismiss. 2006 WL 3626898 (D. Md. Dec 01, 2006).

As discovery progressed, Judge Blake required the parties in this case and Jones v. Murhpy, another pending before her, to provide periodic status reports to the Court. The state defendants produced electronic data pertaining to arrests from 2002--August 2007 and numerous hardcopy documents. The plaintiffs also took the depositions of various officials with the Police Department and Central Booking.

The plaintiffs filed an amended complaint on December 18, 2007, adding 9 individual plaintiffs and several new defendants, including the new Mayor of Baltimore and several police officers. On February 27, 2008, the plaintiffs filed a second amended complaint adding additional plaintiffs and defendants. On April 25, 2008, the plaintiffs moved for class certification.

Following leadership changes at BPD, the parties entered into settlement negotiations, which culminated in settlement agreement to end the lawsuit. On June 29, 2010, the parties reached a settlement agreement that was approved by the court. The comprehensive settlement provided for significant reforms of the BPD's arrest and monitoring practices and the court retained jurisdiction to enforce the settlement for three years. The BPD committed to new policies and training to ensure officers knew the limits of their authority, and would address low level offenses with actions short of arrest whenever possible. The defendants agreed to pay the plaintiffs $630,000 in damages and attorneys' fees. The agreement also required the BPD to implement a new system of comprehensive data collection and monitoring, which would be overseen by an independent auditor. The job of the auditor was to ensure not only that the data is being kept and appropriately used and analyzed, but also to review probable cause statements to verify that officers had sufficient cause for an arrest, and that supervisors are adequately monitoring officers' actions, and intervening as necessary. The auditor's reports can be found on the ACLU's website here.

On April 30, 2012, the auditor released his first report and the plaintiffs alleged in a press release that the BPD had failed to comply with the settlement agreement. The plaintiffs stated that the status report revealed that BPD officers did not or could not justify arrests for quality of life offenses in at least 35 percent of the cases examined; that the BPD was almost one and half years late in creating a database to allow it to effectively monitor officer and supervisor behavior; and that the BPD was improperly refusing to give the auditor records of arrests that resulted in persons being released without charge, the very arrests most likely to be improper, and the ones that led to the lawsuit in the first place. The docket sheet does not reveal any plaintiffs' motion regarding this alleged noncompliance with the settlement agreement.

For the next three years, the auditor continued to file report documenting the defendants' implementation of the settlement agreement. The auditor filed his final report in 2015. The case is now closed.

Summary Authors

Dan Dalton (2/12/2008)

Jessica Kincaid (3/15/2016)

Related Cases

Rodney v. Murphy, Maryland state trial court (2005)

Jones v. Murphy, District of Maryland (2005)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4678386/parties/maryland-state-conference-of-naacp-branches-v-baltimore-city-police/


Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Benson, Hillary Gould (Maryland)

Borden, Bennett B. (District of Columbia)

Cantu, Daniel Alfonso (District of Columbia)

Claiborne, William Charles III (District of Columbia)

Day, Sean Robert (Maryland)

Dodson, Scott (District of Columbia)

Dowdle, Stephenie Joy (District of Columbia)

Geht, Jan Meir (District of Columbia)

Jacques, Elise Kochtitzky (Maryland)

Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Benson, Hillary Gould (Maryland)

Borden, Bennett B. (District of Columbia)

Cantu, Daniel Alfonso (District of Columbia)

Claiborne, William Charles III (District of Columbia)

Day, Sean Robert (Maryland)

Dodson, Scott (District of Columbia)

Dowdle, Stephenie Joy (District of Columbia)

Geht, Jan Meir (District of Columbia)

Jacques, Elise Kochtitzky (Maryland)

Jeon, Deborah A. (Maryland)

Karlan, Mitchell A. (New York)

Litt, Barrett S. (California)

Mendro, Jason Jacob (District of Columbia)

Morrow, Jason Eugene (District of Columbia)

Rocah, David R. (District of Columbia)

Schrader, Wayne A. (District of Columbia)

Wharwood, Dave Merwin (District of Columbia)

Wilson, Sarah A. (District of Columbia)

Attorneys(s) for Defendant

Auerbach, Joshua Neal (Maryland)

Bellamy, Conseulo Beatric Nunez (Maryland)

Brockman, William F. (Maryland)

Conti, Michael Francis (Maryland)

Curran, John Joseph Jr. (Maryland)

Doyle, Michael O Connor (Maryland)

Eason, Alan D (Maryland)

Embry, Elizabeth Mears (Maryland)

Fader, Matthew J. (Maryland)

Gansler, Douglas F. (Maryland)

Grimes, Mark H (Maryland)

Hornig, Karen Stakem (Maryland)

Hughes, Beverly (Maryland)

Janey, Neal Marcellas Jr (Maryland)

Johnson, Kim Yvette (Maryland)

Moore, David Reid (Maryland)

Nilson, George A. (Maryland)

Pothier, Karl Aram (Maryland)

Sangree, Suzanne (Maryland)

Sheridan, Patrick (Maryland)

Documents in the Clearinghouse

Document

1:06-cv-01863

Docket [PACER]

June 29, 2007

June 29, 2007

Docket

1:06-cv-01863

1:05-cv-01287

Docket [PACER]

Maryland State Conference of NAACP Branches v. Baltimore City Police Department

June 29, 2010

June 29, 2010

Docket

1:06-cv-01863

Class Action Complaint

June 14, 2006

June 14, 2006

Complaint
63

1:06-cv-01863

Memorandum [Denying Summary Judgment]

Dec. 1, 2006

Dec. 1, 2006

Order/Opinion
68

1:06-cv-01863

Answer to Plaintiff's Class Action Complaint

Dec. 15, 2006

Dec. 15, 2006

Pleading / Motion / Brief
140

1:06-cv-01863

NAACP Plaintiffs' Status Report

Oct. 1, 2007

Oct. 1, 2007

Pleading / Motion / Brief
133

1:06-cv-01863

First Amended Complaint and Jury Demand

Dec. 18, 2007

Dec. 18, 2007

Complaint
133-2

1:06-cv-01863

First Amended Complaint and Jury Demand

Maryland State Conference of NAACP Branches v. Baltimore City Police Department

Dec. 18, 2007

Dec. 18, 2007

Complaint
295-2

1:06-cv-01863

Stipulation of Settlement

Maryland State Conference of NAACP Branches v. Baltimore City Police Department

June 25, 2010

June 25, 2010

Settlement Agreement
296

1:06-cv-01863

Agreed Order of Dismissal

Maryland State Conference of NAACP Branches v. Baltimore City Police Department

June 29, 2010

June 29, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4678386/maryland-state-conference-of-naacp-branches-v-baltimore-city-police/

Last updated Aug. 24, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F from Circuit Court for Baltimore City, Maryland, case number 24−C−06−005088 OT. (Filing fee $ 350 receipt number 14637010436), filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk). (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

2

COMPLAINT against Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F , filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.(ljs, Deputy Clerk) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

Jury Trial Demand by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (ljs, Deputy Clerk) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

4

Summons Issued 30 days as to Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. (ljs, Deputy Clerk) (Entered: 07/24/2006)

July 21, 2006

July 21, 2006

5

SUMMONS Returned Executed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Baltimore City Police Department served on 6/21/2006; Mayor and City Council of the City of Baltimore served on 6/21/2006; Martin O O'Malley served on 6/21/2006, answer due 7/11/2006; Leonard Hamm served on 6/21/2006; Marcus Brown served on 6/21/2006; Kevin Clark served on 6/21/2006, answer due 7/11/2006; Edward T. Norris served on 6/21/2006; Jemini Jones served on 6/21/2006; David A. Crites, Jr served on 6/21/2006; Sgt. Pecha served on 6/21/2006; B. Newkirk served on 6/21/2006; Arnold Jones served on 6/21/2006; State Of Maryland served on 6/21/2006; Mary Ann Saar served on 6/21/2006; William Smith served on 6/21/2006; Mitchell Franks served on 6/21/2006. (ljs, Deputy Clerk) (Entered: 07/24/2006)

July 21, 2006

July 21, 2006

6

SUMMONS Returned Executed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Susan Murphy served on 6/22/2006. (ljs, Deputy Clerk) (Entered: 07/24/2006)

July 21, 2006

July 21, 2006

The above pleadings 2 and 4 through 6 are copies filed in the Circuit Court for Baltimore City, Maryland. (ljs, Deputy Clerk) (Entered: 07/24/2006)

July 21, 2006

July 21, 2006

7

NOTICE of Consent to Removal by State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. (ljs, Deputy Clerk) (Entered: 07/24/2006)

July 21, 2006

July 21, 2006

9

NOTICE of Filing of Notice of Removal by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones, John Does 1−100 (ljs, Deputy Clerk) (Entered: 07/25/2006)

July 21, 2006

July 21, 2006

10

Local Rule 103.5(a)Certification re: State Court Papers. (ljs, Deputy Clerk) (Entered: 07/25/2006)

July 21, 2006

July 21, 2006

8

Standing ORDER re: Removal. Signed by Judge Richard D Bennett on 7/24/06. (ljs, Deputy Clerk) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

11

NOTICE of Appearance by David Reid Moore on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Moore, David) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

12

(FILED IN ERROR − DUPLICATE OF #11) NOTICE of Appearance by David Reid Moore on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Moore, David) Modified on 7/25/2006 (jlb, Deputy Clerk). (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

13

MOTION to Designate Related Case by Maryland State Conference of NAACP Branches. Responses due by 8/14/2006 (Attachments: # 1 Memorandum in support of Motion to Designate Related Case# 2 Exhibit A to Memorandum)(Jeon, Deborah) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

14

NOTICE of Appearance by Karl Aram Pothier on behalf of State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy, John Does A−F (Pothier, Karl) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

15

(FILED IN ERROR − WRONG CASE) Corporate Disclosure Statement by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) Modified on 7/28/2006 (jlb, Deputy Clerk). (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

17

Corporate Disclosure Statement by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

18

NOTICE by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones CORRECTED Removal Statement Per Court's Standing Order on Removal (Hornig, Karen) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

19

MOTION for Other Relief to Certify a Question by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 8/14/2006 (Attachments: # 1 Memorandum of Law# 2 Exhibit No. 1)(Hornig, Karen) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

20

MOTION to Dismiss or in the Alternative Motion for Summary Judgment by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Responses due by 8/14/2006 (Attachments: # 1 Memorandum of Law# 2 Exhibit No. 1 Crites# 3 Exhibit No. 2 Pecha# 4 Exhibit No. 3 Newkirk# 5 Exhibit No. 4 Arnold Jones# 6 Exhibit No. 5. Jemini Jones# 7 Exhibit No. 6)(Hornig, Karen) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

21

Consent MOTION for Extension of Time by State Of Maryland, Mary Ann Saar, William Smith, Mitchell Franks, Susan Murphy. Responses due by 8/14/2006 (Attachments: # 1 Text of Proposed Order)(Pothier, Karl) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

22

Paperless ORDER granting 21 parties' Consent Motion for Extension of Time. Answer/response due from defendants by 8/11/2006. (Bennett, Richard) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

23

Corporate Disclosure Statement by State Of Maryland. (Brockman, William) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

24

NOTICE by State Of Maryland re 8 Order Concerning Removal (Brockman, William) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

25

Corporate Disclosure Statement by Maryland State Conference of NAACP Branches. (Jeon, Deborah) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

26

RESPONSE to Motion re 13 MOTION to Designate Related Case filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Replies due by 8/22/2006. (Auerbach, Joshua) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

27

NOTICE of Appearance by Wayne A Schrader on behalf of all plaintiffs (Schrader, Wayne) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

28

Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss Or, in the Alternative, Motion for Summary Judgment, and to File Reply to Opposition to Same, by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Maryland State Conference of NAACP Branches, Edward T. Norris, Jemini Jones, Baltimore City Branch of the NAACP, David A. Crites, Jr, Sgt. Pecha, Evan Howard, B. Newkirk, Arnold Jones, Tyrone Braxton, John Does 1−100, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 8/28/2006 (Schrader, Wayne) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

29

Paperless ORDER granting 28 parties' Joint Motion for Extension of Time. Response due 9/13/2006; Reply due 10/18/2006.(Bennett, Richard) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

31

ANSWER to Complaint by State Of Maryland, el atl (State Defendants).(Brockman, William) Modified on 9/26/2006 (jlb, Deputy Clerk). (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

32

MOTION for Daniel A. Cantu to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

33

MARGINAL ORDER granting 32 Motion of Plaintiffs for Daniel A. Cantu to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #33 SEE #32) (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

34

MOTION for Mitchell Karlan to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

35

MARGINAL ORDER granting 34 Motion of Plaintiffs for Mitchell Karlan to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #35 SEE #34) (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

36

MOTION for Jan M. Geht to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

37

MARGINAL ORDER granting 36 Motion of Plaintiffs for Jan M. Geht to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #37 SEE #36) (jlb, Deputy Clerk) Modified on 8/15/2006 (jlb, Deputy Clerk). (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

38

MOTION for Jason J. Mendro to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

39

MARGINAL ORDER granting 38 Motion of Plaintiffs for Jason J. Mendro to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #39 SEE #38) (jlb, Deputy Clerk) Modified on 8/15/2006 (jlb, Deputy Clerk). (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

40

MOTION for Jason E. Morrow to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

41

MARGINAL ORDER granting 40 Motion of Plaintiffs for Jason E. Morrow to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #41 SEE #40) (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

42

MOTION for Dave M. Wharwood to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

43

MARGINAL ORDER granting 42 Motion of Plaintiffs for Dave M. Wharwood to Appear Pro Hac Vice. Signed by Clerk on 8/15/06. (FEE PAID RECEIPT #14637010928) (FOR PLEADING #43 SEE #42) (jlb, Deputy Clerk) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

44

REPLY to Response to Motion re 13 MOTION to Designate Related Case filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. (Morrow, Jason) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

Motion Hearing held on 9/7/2006 re 13 MOTION to Designate Related Case filed by Maryland State Conference of NAACP Branches held before Judge Richard D Bennett. Argument of Counsel. Oral Order (Bennett, J.) "GRANTING" Motion of Plaintiff, for reasons stated in open Court. (Court Reporter: Lisa K. Bankins) (kam, Deputy Clerk) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

Case reassigned to Judge Catherine C. Blake. Judge Richard D Bennett no longer assigned to the case. (cags, Deputy Clerk) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

46

ORDER granting 13 Motion of Plaintiffs to Designate Related Case. Signed by Judge Richard D Bennett on 9/8/06. (mcb, Deputy Clerk) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

47

ORDER DIRECTING each party to submit a Status Report on pending motions and issues in both cases and any suggestions counsel may have for a coordinated schedule no later than 9/25/06. Signed by Judge Catherine C. Blake on 9/12/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(mcb, Deputy Clerk) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

48

RESPONSE in Opposition re (20 in 1:06−cv−01863−CCB) MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner.Replies due by 9/27/2006. (Attachments: # 1 Affidavit Affidavit of Donald Wilson# 2 Affidavit Affidavit of Tyrone Braxton# 3 Affidavit Affidavit of Evan Howard# 4 Affidavit Affidavit of Aaron Stoner# 5 Affidavit Affidavit of Jason Morrow)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

49

(FILED IN ERROR WRONG CASE) NOTICE by Kevin Adams, Tonia Bowie, David Colyns, Anthony Haig, Gary Saunders, Michael Washington, Eric Jones, Dana T. West re (64 in 1:05−cv−01287−CCB) Response in Opposition to Motion, of New Relevant Authority Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) Modified on 9/21/2006 (jlb, Deputy Clerk). (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

50

(FILED IN ERROR WRONG CASE)RESPONSE re (75 in 1:05−cv−01287−CCB, 49 in 1:06−cv−01863−CCB) Notice (Other), Notice (Other) filed by Mayor and City Council Of Baltimore, Baltimore City Police Department. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Auerbach, Joshua) Modified on 9/22/2006 (jlb, Deputy Clerk). (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

51

STATUS REPORT by Mitchell Franks. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

52

STATUS REPORT by Mayor and City Council Of Baltimore, Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Auerbach, Joshua) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

53

STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

54

MOTION to Dismiss or in the alternative, for Summary Judgment as to Evan Howard by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones.Responses due by 10/16/2006 (Hornig, Karen) Modified on 9/27/2006 (jlb, Deputy Clerk). (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

56

RESPONSE in Opposition re 54 MOTION for Summary Judgment as to Evan Howard filed by Evan Howard.Replies due by 10/26/2006. (Morrow, Jason) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

57

MOTION for Leave to File Excess Pages by Baltimore City Police Department, Mayor and City Council of the City of Baltimore. Responses due by 11/6/2006 (Auerbach, Joshua) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

58

REPLY to Response to Motion re 20 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

59

PAPERELSS ORDER Granting 57 Unopposed Motion for Leave to File Reply in Excess of Page Limitation. Signed by Judge Catherine C. Blake on October 19, 2006. (Blake, Catherine) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

60

REPLY to Response to Motion re 54 MOTION for Summary Judgment as to Evan Howard filed by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. (Hornig, Karen) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

61

Request for Conference (Morrow, Jason) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

62

ORDER SCHEDULING Status Conference. Signed by Judge Catherine C. Blake on 12/1/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

64

ORDER denying without prejudice 19 Motion to Certify a Question; granting in part and denying in part 20 Motion to Dismiss; granting in part and denying in part 54 Motion for Summary Judgment. Signed by Judge Catherine C. Blake on 12/1/06. (jlb, Deputy Clerk) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

65

Correspondence re: proposed schedule for document discovery Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Auerbach, Joshua) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

66

RESPONSE re (84 in 1:05−cv−01287−CCB) Order to Submit Proposed Discovery Schedule filed by Mitchell Franks, Mitchell Franks. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

67

Correspondence re: Proposed Discovery Schedule (Morrow, Jason) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

68

ANSWER to Complaint by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones.(Hornig, Karen) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

Status Conference held on 12/18/2006 held before Judge Catherine C. Blake. (Court Reporter Gail Simpkins.) (rhl, Deputy Clerk) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

69

ORDER RE: Discovery; Status Reports are Due 1/18/07 and Scheduling Conference Call. Signed by Judge Catherine C. Blake on 12/19/06. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 12/21/2006)

Dec. 20, 2006

Dec. 20, 2006

70

NOTICE by Eric Jones of Lead Counsel Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

72

PAPERLESS ORDER granting 71 Motion to Withdraw as Attorney. Attorney Joshua Neal Auerbach terminated. Per Judge Catherine C. Blake on 1/16/07. (jlb, Deputy Clerk) (Entered: 01/17/2007)

Jan. 16, 2007

Jan. 16, 2007

73

STATUS REPORT Regarding Discovery by State Of Maryland. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Brockman, William) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

74

STATUS REPORT by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

75

STATUS REPORT by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

76

NOTICE by Eric Jones re (90 in 1:05−cv−01287−CCB) Order of Database Discovery Status Report required by Court's 12/20/06 Order Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

77

TRANSCRIPT of Proceedings held on December 18, 2006 before Judge Catherine C. Blake. Court Reporter: Gail Simpkins. (FILED SEPARATELY UNDER CASE #CCB−06−1863) Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) Modified on 1/19/2007 (jlb, Deputy Clerk). (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

78

Consent MOTION to Continue database discovery deadlines by Eric Jones. Responses due by 2/21/2007 (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/04/2007)

Feb. 4, 2007

Feb. 4, 2007

79

ORDER granting (103) Motion to Continue in case 1:05−cv−01287−CCB; granting (78) Motion to Continue in case 1:06−cv−01863−CCB. Status Reports due 2/20/07 and Telephone Conference set for 2/22/07 @ 4:30 p.m. Signed by Judge Catherine C. Blake on 2/5/07. (hml, Deputy Clerk) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

80

NOTICE by Eric Jones re (104 in 1:05−cv−01287−CCB) Order on Motion to Continue, status report on database discovery Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/19/2007)

Feb. 19, 2007

Feb. 19, 2007

81

Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

82

Status Report Submitted by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

83

MOTION for Extension of Time to Complete Discovery by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner. Responses due by 3/9/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

84

PAPERLESS ORDER Granting 83 Motion for Extension of Time to Complete Discovery, through May 3, 2007. Signed by Judge Catherine C. Blake on February 21, 2007. (Blake, Catherine) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

86

NOTICE by Eric Jones re (109 in 1:05−cv−01287−CCB) Miscellaneous Correspondence Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Claiborne, William) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

87

Correspondence re: Conference Call Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

88

Correspondence re: Conference Call Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sheridan, Patrick) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

89

MOTION for Stephenie Dowdle to Appear Pro Hac Vice by Maryland State Conference of NAACP Branches. (Filing Fee Paid) (Receipt #14637014924) (hml, Deputy Clerk) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

90

MARGINAL ORDER granting 89 Motion for Stephenie Dowdle to Appear Pro Hac Vice. Signed by Clerk on 3/6/07. (For #90, See #89) (hml, Deputy Clerk) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

91

STATUS REPORT for 3/27/07 Telephone Status by Eric Jones. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day, Sean) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

92

Status Report Submitted by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

93

STATUS REPORT by Mayor and City Council of the City of Baltimore, Martin O O'Malley, Edward T. Norris, Jemini Jones, Sgt. Pecha, B. Newkirk, Arnold Jones. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

94

Status Report Submitted (Supplemental) by Maryland State Conference of NAACP Branches, Baltimore City Branch of the NAACP, Evan Howard, Tyrone Braxton, Donald Wilson, Robert Lowery, Aaron Stoner Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

Telephone Conference held on 3/28/2007 before Judge Catherine C. Blake. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 03/28/2007)

March 27, 2007

March 27, 2007

95

ORDER CONFIRMING Results of Telephone Conference Call. Signed by Judge Catherine C. Blake on 3/28/07. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(jlb, Deputy Clerk) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

96

Consent MOTION for Other Relief To Enter A Confidentiality Order by Maryland State Conference of NAACP Branches. Responses due by 4/16/2007 Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Morrow, Jason) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

97

PAPERLESS ORDER Granting (121) Stipulated Order Regarding Confidentiality of Discovery Material, as proposed, in case CCB−05−1287; Granting (96) Stipulated Order Regarding Confidentiality of Discovery Material, as proposed, in case CCB−06−1863. Signed by Judge Catherine C. Blake on March 30, 2007. Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Blake, Catherine) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

98

Miscellaneous Correspondence adjusting the time of the conference call on April 25, 2007. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Blake, Catherine) (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

99

NOTICE of Appearance by Suzanne Sangree on behalf of Mayor and City Council of the City of Baltimore Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Sangree, Suzanne) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

100

STATUS REPORT (Joint for 05−1287) for 4/25/07 Status Conference by Eric Jones, Susan Murphy. Associated Cases: 1:05−cv−01287−CCB, 1:06−cv−01863−CCB(Day,

April 18, 2007

April 18, 2007

102

Status Report Submitted by Baltimore City Police Department, Mayor and City Council of the City of Baltimore, Martin O O'Malley, Leonard Hamm, Marcus Brown, Kevin Clark, Edward T. Norris, Jemini Jones, David A. Crites, Jr, Sgt. Pecha, B. Newkirk, Arnold Jones (Attachments: # 1 Exhibit Notice of Deposition)Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(Hornig, Karen) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

103

TRANSCRIPT of Tele−Conference held on 1/19/07 before Judge Blake. Court Reporter: G. Simpkins. (FILED SEPARATELY UNDER 06−1863) Associated Cases: 1:06−cv−01863−CCB, 1:05−cv−01287−CCB(hml, Deputy Clerk) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

Case Details

State / Territory: Maryland

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 14, 2006

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

"...arrestees who were (1) arrested by the Police Department without probable cause and (2) released without charges after being booked at CBIC [Central Booking and Intake Center]."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Maryland Department of Public Safety and Correctional Services, State

Maryland Division of Pretrial Detention and Services, State

Baltimore City Police Department (Baltimore), City

City of Baltimore (Baltimore), City

State of Maryland (Baltimore), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

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: 630,000

Order Duration: 2010 - 2015

Content of Injunction:

Auditing

Monitor/Master

Recordkeeping

Required disclosure

Training

Issues

General:

Over/Unlawful Detention

Sanitation / living conditions

Search policies

Strip search policy

Totality of conditions

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Type of Facility:

Government-run