Harris v. Baltimore City Police Department et al

Filing 45

MEMORANDUM. Signed by Judge J. Frederick Motz on 2/25/2015. (c/m 2/25/15 bas, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

DARRELL P. HARRIS

v.
BALTIMORE CITY POLICE
DEPARTMENT, ET AL.

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Civil No. – JFM-14-2470

MEMORANDUM

Presently pending are motions to dismiss filed by (1) the Governor and the State of
Maryland (document 6), (2) the Mayor and City Council of Baltimore City (document 7), (3) the
Baltimore City Police Department and Commissioner Anthony W. Batts (document 24), and (4)
the Mayor of Baltimore City (document 28). All the motions will be granted.
The reasons for the decision dismissing the complaints against these defendants may be
briefly stated.
1. Plaintiff has utterly failed to state any facts upon which relief could be granted against
the Governor or the State of Maryland. To the extent that plaintiff seeks to rely upon Monell
liability or supervisory authority liability, the claim fails because there are no allegations that the
Governor or the State of Maryland adopted policies or practices that led to the injury plaintiff
allegedly suffered.
2. Plaintiff's claim against the Baltimore City Police Department and Commissioner
Anthony W. Batts fails because there are no facts alleged that would establish that they adopted
policies or practices that caused injury allegedly suffered by plaintiff.

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3. The claims against the Mayor and City Council of Baltimore fail not only because
there are insufficient facts alleged to establish Monell liability or supervisory authority liability.
4. The law is well established that the Baltimore City Police Department is a state
agency, not an agency of the City. See, e.g., Mayor & City Council v. Clark, 404 Md. 13, 26
(2008), Clea v. Mayor & City Council of Baltimore, 312 Md. 662, 668-69 (1988).
A separate order granting the motions to dismiss is being entered herewith.

Date: February 25, 2015

__/s/____________________
J. Frederick Motz
United States District Judge

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