Montelis Peters v. Rob Caplan
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:14-cv-00955-GJH. Copies to all parties and the district court. .. [16-1475]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
CORPORAL ROB CAPLAN, Badge No. 122; CITY OF MOUNT RAINIER,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
George J. Hazel, District Judge.
November 30, 2016
January 12, 2017
Before TRAXLER, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John Christopher Belcher, Oxon Hill, Maryland, for Appellant.
John F. Breads, Jr., LOCAL GOVERNMENT INSURANCE TRUST, Hanover,
Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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Montelis Peters sued the City of Mount Rainier, Maryland,
and Corporal Rob Caplan under 42 U.S.C. § 1983 (2012) and the
The district court dismissed the case.
now appeals the district court’s orders dismissing the § 1983
claim against the City and granting summary judgment to Corporal
Caplan on the § 1983 and Maryland claims.
Finding no error, we
summary judgment to Corporal Caplan.
See Core Commc’ns, Inc. v.
Verizon Md. LLC, 744 F.3d 310, 320 (4th Cir. 2014).
A court may
award summary judgment only when no genuine dispute of material
entitled to judgment as a matter of law.
Fed. R. Civ. P. 56(a).
judgment to Corporal Caplan on three grounds, alleging that the
court erred (1) by resolving disputed issues of material fact in
Corporal Caplan’s favor; (2) by ruling that Corporal Caplan had
Corporal Caplan’s statement of probable cause was not materially
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resolve disputed issues of material fact.
speculate about the meaning of evidence and fail to create a
dispute of material fact that is genuine.
The district court also properly ruled that Corporal Caplan
had probable cause to arrest Peters.
The record supports the
investigative stop, not an arrest, when they stopped Peters.
See United States v. Elston, 479 F.3d 314, 319-20 (4th Cir.
2007) (requiring police to curtail suspect’s freedom to degree
of formal arrest to transform mere stop into an arrest).
suspicion that Peters had committed a crime.
See Terry v. Ohio,
392 U.S. 1 (1968).
conclusion that Corporal Caplan’s statement of probable cause
was not materially false or misleading.
See Miller v. Prince
George’s Cty., 475 F.3d 621, 628 (4th Cir. 2007).
liability could not attach to Corporal Caplan, and the district
court properly granted him summary judgment.
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deprived or caused an official to deprive the plaintiff of a
constitutional right through an official policy or custom.
Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978).
discussed above, Peters has failed to allege a deprivation of
constitutional right, so his claim against the City must fail as
See City of Los Angeles v. Heller, 475 U.S. 796, 799
(1986) (holding that municipal liability under § 1983 requires a
finding of constitutional injury as a prerequisite).
Accordingly, we affirm the district court’s rulings.
this court and argument would not aid the decisional process.
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