United States District Court, D. Maryland
MEMORANDUM AND ORDER RE: COUNT IV (ASSAULT & BATTERY)
MARVIN J. GARBIS, District Judge.
The Court has before it Defendants' Motion for Summary Judgment as to Count IV [Document 49] and the materials submitted relating thereto. The Court finds a hearing regarding the instant motion unnecessary.
I. SUMMARY BACKGROUND
On the evening of June 11, 2009, Dwight Jerome Madison ("Madison"), a United States Navy veteran suffering from mental illnesses, was arrested for trespassing and transported to the Harford County Detention Center Processing Center (the "Detention Center") where he was held for processing. After arriving at the Detention Center, Madison interacted with several Detention Center personnel - Jennifer Huey ("Huey"), Emma Virginia Courtney ("Courtney"), Christopher Jones ("Jones"), Sherman Kirk ("Kirk"), Theresa Pounds ("Pounds"), and Rickey Harper ("Harper") (collectively the "DC Defendants"). There was an incident, during which Huey fired a taser, striking Madison who then fell to the floor and was severely injured. Madison was taken to the University of Maryland Shock Trauma Center and died as a result of his injuries the next day.
In the Amended Complaint [Document 14], Plaintiffs presented claims against the Harford County Council, the Harford County Executive, Sheriff Jesse L. Bane, Officer Todd Johnson, Officer Jason Flemmens,  and the DC Defendants in seven Counts:
Count I Survival Action
Count II Wrongful Death
Count III Excessive Force/Police Brutality
Count IV Assault & Battery
Count V Deprivation of Civil Rights, 42 U.S.C. § 1983
Count VI Negligent Training and Supervision
Count VII Intentional/Negligent
Infliction of Emotional Distress
In the Memorandum and Order Re: Summary Judgment/Dismissal the Court ...