Davis v. Swick et al

Filing 34

MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 1/4/2022. (c/m 1/4/2022 - dg3s, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

GILBERT J. DAVIS,
Plaintiff,
Civil Action No.: PJM-18-421

V.

GARRETT W.SWICK,
ALYSSA BEDELL,
NICHOLAS E. DURGIN,
PAUL MAZZEI,
"CHS,"
Defendants.
MEMORANDUM OPINION

In this civil rights complaint,self-represented Plaintiff Gilbert J. Davis is suing federal law

enforcement officers pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (I97I) for allegedly violating Maryland State law and the Fourth and

Fourteenth Amendments. Pending is Defendants'Motion to Dismiss. ECFNo.29. Davis opposes
the motion. ECFNo.31. No hearing is necessary. iSee Local Rule 105.6(D. Md. 2021). Forthe
reasons that follow. Defendants' motion shall be granted, and the complaint dismissed.
BACKGROUND

Davis alleges that the Federal Bureau of Investigation ("FBI") and Task Force Officers

unlawfully "procured a Confidential Informant known as 'CHS' to intercept" his "oral
communications." ECF No. 1 at 2. He states that on April 22, May 7, June 9, and September 15,
2015, CHS was provided recording equipment as well as cash for the purchase offour ounces of

Phencyclidine(PCP)from Davis. Id. at 3. The transaction between CHS and Davis was captured
on audio and video recordings but there were no warrants or court orders authorizing same. Id.

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