Randolph v. Gansler et al

Filing 4

MEMORANDUM. Signed by Judge J. Frederick Motz on 5/24/12. (c/m 5/24/12 mps, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

CATHERINE DENISE. RANDOLPH
Plaintiff,
v.

*
* CIVIL ACTION NO. JFM-12-1466

MARYLAND ATTORNEY GENERAL, et al. *
Defendants..
***
MEMORANDUM
The above-captioned case, construed as a 42 U.S.C. § 1983 civil rights action, was received
for filing on May 15, 2012, from Catherine Randolph (“Randolph”), a recently released patient at the
Clifton T. Perkins State Hospital Center (APerkins@). Because she appears indigent, Randolph’s
motion for leave to proceed in forma pauperis IS GRANTED. For reasons to follow, however, the
complaint IS DISMISSED WITHOUT PREJUDICE.
Randolph complains that she was held in “pre-trial detention” status for six years when there
was no evidence to convict her. Randolph seeks expungement of criminal cases that were dismissed
in March 2012. (ECF No. 1). She claims that the state judiciary system is at fault and she seeks
compensation for personal damages in the amount of three billion dollars. Named as defendants are
the Maryland Attorney General Douglas Gansler and Deputy Solicitor General William Brockman.
The aforementioned allegations were previously raised, reviewed and ruled upon by the
Court in Randolph v. Clifton T. Perkins Hospital, Civil Action No. JFM-09-951 (D. Md.), Randolph
v. Clifton T. Perkins Hospital, Civil Action No. JFM-11-688 (D. Md.), and Randolph v. Warden,
Civil Action No. JFM-12-1010 (D. Md.). Randolph filed these petitions for habeas corpus relief
which challenged her criminal case process, competency hearings, and continued detention at
Perkins. After full briefing, the court dismissed the petitions without prejudice. The following facts
were established. On January 17, 2006, Randolph was charged in the Circuit Court for Baltimore
City with armed robbery, robbery, kidnapping a minor, assault, theft, and handgun violations. On

March 17, 2008, Judge Gale E. Rasin ordered a pre-trial competency evaluation. Randolph was
admitted to Perkins for a competency evaluation on June 2, 2008. She refused, however, to respond
to questions regarding her hospitalization or legal charges, instead claiming, as she does here, that
she was falsely accused and did not commit any criminal acts. See Randolph v. Warden, Civil
Action No. JFM-12-1010 (D. Md.). On July 24, 2008, the Perkins Clinical Director and Director of
Pre-Trial Services wrote Judge Rasin to opine that Randolph was incompetent to stand trial, a danger
to herself and others due to a mental disorder, and in need of continuing inpatient treatment. On
July 25, 2008, the Circuit Court for Baltimore City found Randolph incompetent to stand trial and
dangerous because of her mental disorder. She was committed to the Department of Health and
Mental Hygiene (ADHMH@). On May 22, 2009, Perkins forwarded to the Circuit Court the semiannual report required under Maryland Code Ann., Crim. Proc. § 3-108, which found Randolph
incompetent to stand trial and a danger because of her mental disorder. Six months later, Perkins
issued another report with similar findings. Id.
On July 28, 2009, the Circuit Court for Baltimore City held the annual hearing required by
Md. Code Ann., Crim. Proc. § 3-106(C)(I)(i), Randolph was again found incompetent to stand trial
and committed to Perkins. On December 18, 2009, and June 10, 2010, Perkins again submitted
semi-annual reports finding Randolph incompetent to stand trial and dangerous due to mental
disorder. Id. On July 28, 2010, the Circuit Court conducted a hearing and again found Randolph
incompetent to stand trial. She was again committed to the DHMH. On December 7, 2010, Perkins
forwarded its semi-annual report to the Circuit Court, once more finding Randolph incompetent to
stand trial and a danger due to her mental disorder. According to the state court docket, on July 28,
2011, Randolph received her annual hearing before Judge Raisin.1 Further, on March 7, 2012,

1

See ttp://casesearch.courts.state.md.us/inquiry/inquiryDetail.

2

Judge Raisin conducted another hearing which found that Randolph was no longer incompetent to
stand trial. The criminal cases were reactivated and closed/dismissed that same date. See Randolph
v. Warden, Civil Action No. JFM-12-1010 (D. Md.).
Maryland law authorizes the commitment of one who has been adjudicated incompetent to
stand trial and a danger to oneself or others due to mental disorders. Randolph met this criteria and
received the semi-annual review by DHMH personnel and annual review by the Circuit Court. The
Circuit Court’s March 7, 2012 rulings found her no longer incompetent and decided to close the
criminal cases. Randolph offers no new clear justiciable reasons why the Court should take review
over this case which solely names the Maryland Attorney General and a deputy solicitor general as
defendants There is no allegation that they were personally involved in her arrest, prosecution or
detention.

Further, to the extent these individuals are named due to their alleged general

prosecutorial functions, they are immune from damage liability for deciding whether to initiate
criminal prosecution. See Imbler v. Pachtman, 424 U.S. 409, 431 (1976); Springmen v. Williams,
122 F. 3d 211. 212-13 (4th Cir. 1997). A separate Order follows, dismissing this case without
prejudice.

Date:

May 24, 2012

/s/
J. Frederick Motz
United States District Judge

3