Gunsay, et al. v. Mozayeni, et al.
MEMORANDUM. Signed by Judge J. Frederick Motz on 1/12/2016. (nd2s, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
. BRIENNA GUNSA Y, ET AL.
B. ROBERT MOZA YENI, M.D., ET AL.
Civil No. - JFM-14-1347
Plaintiffs brought this action against various defendants. This court previously granted
summary judgment motions filed by all of the defendants, except for motions filed by defendants
Henderson, Stultz, and Plwiuner against Brieanna Gunsay. Discovery has now been completed
as to the remaining claims, and defendants Henderson, Stultz, and Plummer have filed renewed
motions for sununary judgment.
The motions will be granted.
Brienna Gunsay was a passenger in a vehicle driven by Brienna's mother, Kristen
Gunsay. Kristen Gunsay was arrested by defendants on two outstanding warrants, one of which
was a felony.
Brienna alleges that she was "seized" by virtue of the fact that firearms were pointed at
her. It may be assumed that firearms were pointed at Brienna. It is not unlawful for police
officers to exercise their authority to remove passengers from a vehicle driven by a defendant
named in a felony warrant. See Marylandv.
Wilson, 519 U.S. 408, 415 (1997); United States v.
Banks, 188 Fed. App'x 217, 219 (4th Cir. 2006). It is not material whether the officers had any
belief that a passenger posed a safety risk. See United States v. Hampton, 628 F.3d 654, 658 (4th
Brienna also complains that at least some of the defendants detained her and asked her to
speak with her estranged father who was at the scene. Certainly, it is not unlawful for a law
enforcement officer to ask that a child speak to her parent.
Plaintiff has seemed to have pursued a theory that the police officers were in a conspiracy
with Brienna's father and grandmother to detain her and her mother. They have, however,
presented no proof on the summary judgment record to that effect. At the least, the officers are
entitled to qualified immunity, and their motion for summary judgment must therefore be
mted States DlstnCt Judge
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