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J.W. v. Corporal Carrier

United States District Court, D. Maryland

May 4, 2015

J.W. Plaintiff,
v.
CORPORAL CARRIER, et al. Defendants.

MEMORANDUM AND ORDER RE: SUMMARY JUDGMENT

MARVIN J. GARBIS, District Judge.

The Court has before it Defendants' Renewal of Motion for Summary Judgment [Document 56] and the materials submitted relating thereto. The Court finds a hearing unnecessary.

I. BACKGROUND

The instant case pertains to an incident that occurred at Arundel Middle School ("School") in Anne Arundel County, Maryland ("AAC") on February 8, 2013. Plaintiff J.W.[1] was a student attending the School. Defendant Corporal Jonathan Carrier ("Corporal Carrier") was a police officer with the AAC Police Department, serving as the School's Resource Officer. On the afternoon of February 8, 2013, J.W. acted in a manner that justified Corporal Carrier placing J.W. in handcuffs and transporting him to a hospital for an emergency psychiatric evaluation. During the encounter, J.W. sustained an injury to his left wrist.

J.W. subsequently filed a Complaint against Corporal Carrier, AAC, the Anne Arundel County Board of Education ("BOE"), and three employees of the School - Ramone Jarvis, Darcel Parker, and Kyle McKnett.[2] Defendants timely removed the case to this Court.

In the Second Amended Complaint[3] [Document 29], J.W. asserted claims in ten Counts:

Count I: Assault
Count II: Battery
Count III: False Arrest
Count IV: False Imprisonment
Count V: Intentional Infliction of Emotional Distress ("IIED")
Count VI: Negligence
Count VII: Excessive Use of Force (42 U.S.C. §1983)
Count VIII: Violation of Maryland Declaration of Rights
Count IX: Respondeat Superior
Count X: Americans with Disabilities Act (42 U.S.C. § 12101)

Defendants filed a Motion to Dismiss Second Amended Complaint, or, in the Alternative, Motion for Summary Judgment [Document 31], seeking dismissal of all claims. In his Response [Document 35], J.W. voluntarily dismissed certain claims.[4]

On June 25, 2014, the Court issued its Memorandum and Order Re: Motion to Dismiss, [Document 50], leaving pending the following claims based upon allegations that Corporal Carrier used ...


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