United States District Court, D. Maryland
L. Hollander, United States District Judge
April 10, 2019, Cassie Crisano, who is incarcerated at the
Rappahannock Regional Jail in Stafford, Virginia,
filed this pro se complaint against the Maryland State
Police. ECF 1. She alleges that Defendant's
investigators “conspired” with the Stafford
County Sherriff's Department to violate her right to due
process and other unspecified civil rights by seeking a
warrant for her arrest. It appears that the warrant was
issued by the District Court for Queen Anne's County,
Maryland on or about May 8, 2018, for attempted arson,
conspiracy to commit arson, attempted murder, solicitation to
murder, and conspiracy to murder. Id. at 1; see
State v. Crissano,  Case D-034-CR-18-000315 (D. Ct. Queen
(viewed April 30, 2019).
a former Prince George's County, Maryland police officer
(ECF 1 at 4), asserts that the Maryland charges were later
dropped. Id. at 5. However, the Maryland case search
website shows that the charges are still pending and that the
criminal case is open.
contends that Defendant should have recognized that she is
innocent because the charges against her were based on the
allegations of informant Terry Raymond Linton, who was
charged with solicitation of a minor, pleaded guilty, and
received only a six month sentence. ECF 1 at 2, 4.
According to Crisano, she was arrested without probable
cause. She provides no details to support her assertions of
collusion, nor does she explain why an arrest based on
information provided by an informant is insufficient to
provide probable cause.
complains that she has lost her freedom, her reputation has
been damaged, she has incurred expenses for her defense, and
she has suffered physical and emotional pain. As redress, she
requests compensatory damages and unspecified other relief as
may be “just and proper.” Id. at 2.
Crisano filed her complaint without payment of the $400
filing fee or a motion to proceed in forma pauperis.
Therefore, she will be granted twenty-one days to pay the
filing fee or move to proceed in forma pauperis. Failure to
comply may result in dismissal of this case, without
also seeks issuance of subpoenas (ECF 2, ECF 4) and summary
judgment. ECF 3. She asks for judgment against
“Defendant J.S. Massine” for “falsely,
maliciously, and without reasonable or probable cause”
making defamatory statements about her to the Maryland State
Police. ECF 4. Crisano does not further identify J.S.
early stage of the proceeding, the motion for summary
judgment is premature. To the extent Crisano is requesting
subpoenas for financial, employment, and other records to
pursue her defense in state court, these requests should be
filed in the appropriate state court. Accordingly, the
requests for subpoenas will be denied, without prejudice.
extent Crisano is seeking damages for her Maryland detention,
her open criminal case forms the basis of the claims she
presents here. A federal court must not interfere with
ongoing state criminal proceedings. See Younger
v. Harris, 401 U.S. 37, 53-54 (1971); Cinema Blue of
Charlotte, Inc., v. Gilchrist, 887 F.2d 49, 50-53 (4th
Cir. 1989) (district courts should abstain from
constitutional challenges to state judicial proceedings if
the federal claims have been or could have been presented in
an ongoing state judicial proceeding).
if Crisano pays the filing fee or moves for waiver of the
fee, the Court anticipates that it may stay proceedings in
the instant case, pending the outcome of the criminal action.
In Wallace v. Kato, 549 U.S. 384, 393-94 (2007), the
Supreme Court said: “If a plaintiff files a
false-arrest claim before he has been convicted (or files any
other claim related to rulings that will likely be made in a
pending or anticipated criminal trial), it is within the
power of the district court, and in accord with common
practice, to stay the civil action until the criminal case or
the likelihood of a criminal case is ended. If the plaintiff
is ultimately convicted, and if the stayed civil suit would
impugn his conviction, Heck [v. Humphrey,
512 U.S. 477 (1994), ] will require dismissal; otherwise, the
civil action will proceed, absent some other bar to
suit.” (internal citations omitted)).
 The Virginia Courts Case Information
website shows Crisano is facing charges in the Stafford
County Circuit Court for multiple crimes, including
solicitation to commit robbery, solicitation to abduct,
forgery, uttering, attempted arson of a public building,
solicitation to commit arson, conspiracy to commit an
unlawful financial transaction, identity theft, and obtaining
money on false ...