United States District Court, D. Maryland
TAWANDA JONES, et al. Plaintiffs,
NICHOLAS DAVID CHAPMAN, et al, Defendants.
Lipton Hollander United States District Judge.
December 30, 2016, Baltimore City Police Officers Nicholas
David Chapman; Jorge Omar Bernardez-Ruiz; Matthew Rea Cioffi;
Eric Maurice Hinton; Alex Ryan Hashagen; Danielle Angela
Lewis; Derrick Dewayne Beasley; and Latreese Nicole Lee
(collectively, "BPD Officers") filed a motion for
summary judgment (ECF 97), supported by a memorandum of law
(ECF 97-3) (collectively, "Motion"). Plaintiffs
oppose the Motion (ECF 106), supported by a memorandum of law
(ECF 106-1) (collectively "Opposition"). The BPD
Officers have replied. ECF 117.
connection with the Motion, the BPD Officers also filed a
motion to strike the Opposition. ECF 113 ("Motion to
Strike"). They challenge the Opposition itself, as well
as certain exhibits submitted with it. Plaintiffs oppose
the Motion to Strike (ECF 121), supported by a memorandum of
law. ECF 121-1. The BPD Officers have replied. ECF 128.
Memorandum addresses only the Motion to Strike. No hearing is
necessary to resolve the Motion to Strike. See Local
Rule 105.6. For the reasons that follow, I shall grant the
Motion to Strike in part and deny it in part.
Motion to Strike, the BPD Officers challenge the Opposition
because it exceeded by six pages the 35 page limit set forth
in Local Rule 105(3). ECF 113 at 3. The BPD Officers also
challenge a host of exhibits submitted by plaintiffs in
support of their Opposition to the Motion (ECF 97). In
general, the challenges to the exhibits pertain to relevance,
prejudice, and authentication.
particular, the BPD Officers challenge various statements
("Officer Statements") provided by police officers
to the Internal Affairs Division ("IAD") of the
Baltimore City Police Department ("BPD"). All but
two were made by defendants. In the Officer Statements, the
officers provided accounts of the incident involving Mr.
Officers complain that the statements are unsworn and
unauthenticated. These statements are as follows (ECF 113 at
1. Plaintiffs' Exhibit D, Nicholas Chapman Statement (ECF
106-8, filed separately in paper format)
2. Plaintiffs' Exhibit E, Derrick Beasley Statement (ECF
3. Plaintiffs' Exhibit F, Eric Hinton Statement (ECF
4. Plaintiffs' Exhibit G, Alex Hashagen Statement (ECF
5. Plaintiffs' Exhibit H, Latrice Lee Statement (ECF
6. Plaintiffs' Exhibit I, Mathew Cioffi Statement (ECF