United States District Court, D. Maryland
DECONTEE S. GRANT
PRINCE GEORGE'S COUNTY DEPT.,
DEBORAH K. CHASANOW United States District Judge
pending and ready for resolution in this civil rights case is
the motion to dismiss filed by Defendants Jonathan Hill
(“Detective Hill”) and Prince George's County
(“the County”) collectively,
(“Defendants”). (ECF No. 47). The issues have
been briefed, and the court now rules, no hearing being
deemed necessary. Local Rule 105.6. For the following
reasons, the motion to dismiss will be granted.
otherwise noted, the facts outlined here are set forth in the
complaint and construed in the light most favorable to
Plaintiff. Plaintiff alleges that while unconscious during a
medical procedure on or about February 18 or 19, 2012, she
was sexually assaulted by the staff at Doctor's Hospital
Inc. (“Doctor's Hospital”). (ECF No. 16, at
10). In September 2012, Plaintiff reported the alleged sexual
assault to Detective Hill in the Prince George's Police
Department, who contacted Doctor's Hospital. The hospital
informed Detective Hill that Plaintiff was “knocked
out” for a pelvic exam and had awoken before the
doctors could start the second part of the exam.
(Id. 3). Detective Hill declined to conduct an
filed a grievance against Detective Hill. (See Id.
at 5). In November 2012, Sergeant T. Nalley contacted
Plaintiff in response to her grievance. Plaintiff alleges
that Sergeant Nalley asked “where are you from?”
when asking for her personal information and said that he
would look at her medical record and make a decision.
(Id.). He subsequently closed her grievance.
December 2012, Plaintiff met with Lieutenant Webster
regarding her complaint against Doctor's Hospital.
Plaintiff informed Lieutenant Webster that “several
crucial pages of information for the time interval of the
sexual assault” were missing from the copy of
Plaintiff's patient record in Lieutenant Webster's
possession. (Id.). Plaintiff gave Lieutenant Webster
an updated copy of her medical record. (Id. at 6).
Upon Lieutenant Webster's inquiry, Plaintiff disclosed
that she had spoken with a lawyer but was unable to pay for
legal services. Plaintiff alleges that Lieutenant Webster and
another officer “exchanged glances” and
Lieutenant Webster refused to investigate the sexual assault.
2014, Sergeant B. Selway informed Plaintiff that he was
investigating her grievance against Detective Hill. Plaintiff
gave Sergeant Selway a copy of her medical files. Plaintiff
alleges that at a later meeting, Sergeant Selway's
“face became angry when Plaintiff [spoke] about her
meeting with [Lieutenant] Webster.” (ECF No. 16, at 7).
Plaintiff alleges that the County's personnel interfered
with her grievances and investigation since then. Plaintiff
received a letter from Captain Rodriguez stating that her
grievance against Detective Hill was closed. In November
2014, Sergeant Dillingham contacted Plaintiff regarding a
letter Plaintiff had sent to a United States Senator's
office. He informed Plaintiff that her complaint for sexual
assault would not be investigated because it had already been
closed by Lieutenant Webster. According to Plaintiff, the
County was “tracking, monitoring, and intimidating
Plaintiff . . . in order to keep the sex[ual] assault case
and subsequent cover-up from being exposed.”
(Id. at 9). Plaintiff asserts that she was
re-victimized, treated as “an inferior class person,
” and “suffers from [a]nxiety, sleeplessness,
violation of her privacy, and violation of trust in the
public institution whose mission [it] is to enforce the laws
proceeding pro se, filed a complaint against
Detective Hill, Prince George's County Police Department
(“PGPD”), Doctor's Hospital, Tisha S.
Hillman, and Erik R. Tyrone on August 17, 2015. (ECF No. 1).
operative amended complaint was filed on September 30, 2015,
and asserted violations of: 18 U.S.C. § 242 against
Detective Hill and PGPD (Count I); 42 U.S.C. § 1981
against Ms. Hillman and Mr. Tyrone (Count II); the Fourteenth
Amendment against Detective Hill and PGPD (Count III); 42
U.S.C. § 1985(2)-(3) against all Defendants (Count IV);
42 U.S.C. § 1986 against PGPD (Count V); 42 U.S.C.
§ 1983 against Detective Hill and PGPD (Count VI); and
18 U.S.C. § 241 against Doctor's Hospital, Ms.
Hillman, and Mr. Tyrone (Count VII). (ECF No. 16). Plaintiff
seeks monetary and injunctive relief.
Hill moved to dismiss for insufficient service of process
(ECF No. 13), and PGPD moved to dismiss on the ground that it
is not a legal entity that can be sued (ECF No. 25). The
other Defendants also filed motions to dismiss. (ECF Nos. 19;
30; 32). Plaintiff was provided with a Roseboro
notice after each motion was filed. See Roseboro v.
Garrison, 528 F.2d 309, 310 (4th Cir. 1971);
(ECF Nos. 20; 27; 31; 34). On June 29, 2016, the motions to
dismiss filed by Doctor's Hospital, Ms. Hillman, and Mr.
Tyrone were granted. (ECF Nos. 41; 42). PGPD's motion to
dismiss was denied, and the court construed Plaintiff's
claims as being against the County. (ECF No. 41, at 15-16).
Detective Hill's motion to dismiss was construed as a
motion to quash service and was granted. (ECF Nos. 41; 42).
October 12, 2016, Detective Hill and the County filed the
instant motion to dismiss (ECF No. 47), and the Clerk sent a
Roseboro notice to Plaintiff (ECF No.
Plaintiff filed a response in opposition to the motion. (ECF
No. 49). Defendants move to dismiss Plaintiff's claims on
the ground that Plaintiff lacks standing or, in the
alternative, has failed to state a claim.