United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE.
December 18, 207,, pro se Plaintiff Jeremy Gerald filed a
complaint pursuant to 42 U, SC S1983 naming "4 Unknown
Baltimore Police Officers," "Baltimore City
Jail," and "Detective Green" as Defendants. He
presented claims arising from a traffic stop on December 30,
2014, his subsequent arrest, and his pretrial detention in
Baltimore, Maryland. (ECF I). Subsequently, he named
"Officer Charles Ross, #J577," and "Officer
J586," and "Officer J 607," and "Warden
Baltimore City Detention Center." As relief he is
seeking $100, 000. (ECF I at 5). Defendant Kathleen
Landerkin, who was Warden at the Baltimore Cty Detention
Center (BCDC), has filed a Motion to Dismiss pursuant to Rule
12(b)(6) of the Federal Rules of Civil Procedure. (ECF 19).
Defendants, former Baltimore Police Department Detective
Gregory Greene ("Detective Greene"), Police Officer
Charles Ross (#J607, or "Officer Ross"), and Police
Officer Gregory Edleman (#J586) (collectively, the
"Officers"), pursuant to Rules 12(b)(6) and 56 of
the Federal Rules of Civil Procedure, filed a Motion to
Dismiss, or in the Alternative for Summary Judgment with
supporting police records. (ECF 24). Gerald was given an
opportunity to reply to both dispositive motions (ECF 22,
25), but filed an opposition only to the Warden's Motion.
considering the parties' submission,, this Court finds a
hearing is unnecessary. See Local Rule 105.6 (D. Md.
2018). For reasons discussed below, this Court shall GRANT
Warden Landerkin's Motion to Dismiss (ECF 19) and the
Officers' Motion to Dismiss (ECF 24).
Stop and Arrest
December 30, 2014,  Gerald was traveling in the back seat of a
vehicle that was stopped by Baltimore City Police Officers
Ross and Montgomery for failing to come to a complete halt at
a stop sign. (ECF I at 2; Statement of Probable Cause,
ECF 24-2 at 2). The driver identified himself to the Officers
as Chang Kun Kim. The Officers asked Kim and Gerald where
they were going. Id. Kim was unable to provide a
clear response, likely because he was operating an unlicensed
taxi service. (ECF 24 n. 4). The Officers ordered Kim out of
the car, escorted him to a patrol vehicle, and questioned
him. (ECF 1 at 3). Police Officers Melillo and Edleman
arrived as backup. (ECF I at 3; ECF 24-2 at 3).
asked how he knew Kim, where they were going, and why he was
sitting in the back seat, Gerald refused to answer. (ECF I at
3). Montgomery then asked Gerald for identification. (ECF
24-2 at 3). Gerald provided an incorrect date of birth.
Id. The Officers informed Gerald that they could
locate him on their database using the date of birth he had
provided. Gerald offered no clarification. Id. In
his Complaint, Gerald states that he refused to answer any
more questions because he has a right to privacy, and that as
a passenger he did not have to present information other than
his identity. (ECF I at 3).
Officers asked Gerald to exit the vehicle and he complied.
(ECF 1 at 3). Ross gave him another chance to provide correct
information, but Gerald refused. (ECF 24-2 at 3). At this
point, Ross attempted to handcuff him, but Gerald started to
run away. (ECF 24-3). Gerald was taken to the ground and
put in handcuffs. (ECF 24-3). Gerald alleges in the Complaint
that he was improperly grabbed and slammed to the ground,
causing bruising, bleeding, and scarring to his face and lip.
(ECF 1 at 3). The police report does not show any injury to
Gerald. (ECF 24-2).
handcuffed, Gerald provided his correct birth date. Ross ran
the information and found an outstanding warrant from
Virginia, where Gerald was charged with breaking and entering
and grand larceny. (ECF 24-2 at 3; Notice of Extradition
Hearing, ECF 24-3 at 3). Gerald was arrested and charged with
giving false statements to an officer, a charge which was
later dropped. (ECF I at 3; ECF 24-2 at 4). Kim received a
citation for failing to stop at a stop sign. (ECF 24-2 at 4).
February 11, 2015, the Office of the Maryland Secretary of
State accepted the Notice of Extradition Hearing issued by
Virginia. (ECF 24-3). On February 23, 2015, Gerald consented
to waive extradition. (ECF 24-4). Detective Greene was
present at Gerald's extradition hearing. ECF 24-6 at 2.
Gerald does not allege Greene was involved in the December
30, 2014 traffic stop. (ECF I).
his arrest, Gerald was confined as a pre-trial detainee at
the BCDC, formerly known as the Baltimore City Jail, where he
is alleged to have been subjected to harsh and inhumane
conditions. (ECF 1 at 4). Gerald states he was kept in his
cell for 23 hours each day and permitted only one hour of out
of cell activity. He was housed in this location for about
one month. (ECF I at 4). Gerald was moved to another cell
where he was permitted an opportunity for recreation once
each week. (ECF I at 4). Gerald does not allege he suffered
injury because of these conditions. (ECF I).
was later placed in "open-bay" (no cell) housing
where he alleges there were serious problems with security.
He alleges two detainees attacked him with weapons, requiring
treatment in the medical department.. (ECF I at 4). Gerald
does not specify the date of the attack or describe the
injuries he incurred.
claims he was subjected to unlawful restrictions of his
liberty due to the 23 hour per day lock-down and one hour per
week of recreation and deliberate indifference to his
injuries by corrections staff He alleges generally that his
rights under the Fifth and Fourteenth Amendment's were
violated. Further, he claims that he was not given access to
the law library and his coat was not returned to him upon his
release. (ECF 1 at 4-5).
ruling on a motion to dismiss, this Court "accept[s] as
true all well-pleaded facts in a complaint and construe[s]
them in the light most favorable to the plaintiff."
Wikimedia Found v. Nat'l Sec. Agency, 857 F.3d
193, 208 (4th Cir. 2017) (citing SD3, LLC v. Black &
Decker (U.S.) Inc., 801 F.3d 412, 422
(4th Cir. 2015)). Because Gerald is self-represented, this
Court liberally construes his pleadings and holds them to
"less stringent standards than formal pleadings drafted
by lawyers." Erickson v. Pardus, 551 U.S. 89,
purpose of a motion to dismiss pursuant to Fed.R.Civ.P.
12(b)(6) is to test the sufficiency of the complain.. See
Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th
Cir. 1999). To survive a motion under Fed.R.Civ.P. 12(b)(6),
a complaint must contain facts sufficient to "state a
claim to relief that is plausible on its face." Bell
Atlantic Corporation v Twombly, 550 U.S. 544, 570
(2007); see Ashcroft v. Iqbal, 556 U.S. 662, 684
(2009) ("Our decision in Twombly expounded the
pleading standard for 'all civil actions'...."
(citation omitted)). In reviewing a Rule 12(b)(6) motion, a
court '"mutt accept as true all of the factual
allegations contained in the complaint'" and
must" 'draw all reasonable inferences [from those
facts] in favor of the plaintiff.'" E1 du Pont
de Nemours & Co., 637 F.3d at 440 (citations
omitted); see Houck v. Substitute Tr. Servs., Inc.,
791 F.3d 473, 484 (4th Cir. 2015). A court is not required to
accept legal conclusions drawn from the facts. See
Papasan v. Main, 478 U.S. 265, 286 (1986). "A court
decides whether [the pleading] standard is met by separating
the legal conclusions from the factual allegations, assuming
the truth of only the factual allegations, and then
determining whether those allegations allow the court to
reasonably infer" that the plaintiff is entitled to the
legal remedy sought. A Society Without a Name v.
Virginia, 655 F.3d 342, 346 (4th. Cir. 2011).
certain circumstances, a court may consider documents beyond
the complaint without converting the motion to dismiss to one
for summary judgment.. Goldfarb v. Mayor & City
Council of Baltimore,791 F.3d 500, 508 (4th Cir. 2015).
Where as here Defendants have submitted public police records
in support of their Motion, a court may take judicial notice
of publicly available records without converting a motion to
dismiss to a motion for summary judgment., See, e.g., Zak
v. Chelsea Therapeutics Int'l Ltd.,780 F.3d 597,
607 (4th Cir. 2015) ("[C]ourts are permitted ...