Harris v. Baltimore City Police Department et al

Filing 72

ORDER Denying 67 Motion to Dismiss. Signed by Judge J. Frederick Motz on 6/17/2015. (c/m 6/18/15 bas, Deputy Clerk).

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
[phone] FAX

J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

June 17, 2015
MEMO RE: Darrell P. Harris v. Baltimore City Police Department, et al.
Civil No. JFM-14-2470
Dear Mr. Harris and Counsel:
I have reviewed the memoranda submitted in connection with the motion to dismiss filed
by defendants Ulmer and Preston (document 67). The motion is denied.
I am satisfied that there are factual issues in dispute that need to be resolved. Although
plaintiff’s state law claims may ultimately fail, their inclusion will not substantially broaden the
scope of discovery. Defendants may, of course, renew the arguments they have made in support
of their motion to dismiss by way of a motion for summary judgment at the conclusion of
discovery.
Enclosed is a scheduling order.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.
Very truly yours,
/s/

J. Frederick Motz
United States District Judge