Serio v. Baltimore County

Decision Date14 December 2004
Docket NumberNo. 17,17
Citation384 Md. 373,863 A.2d 952
PartiesRobert L. SERIO, et al. v. BALTIMORE COUNTY, Maryland.
CourtMaryland Court of Appeals

Samuel M. Grant (William N. Butler of Howard, Butler & Melfa, P.A., of Towson), on brief, for petitioners.

Jeffrey Grant Cook, Assistant County Attorney (Jay L. Liner, County Attorney, of Towson), on brief, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

BATTAGLIA, Judge.

Petitioner, Robert L. Serio, comes before this Court to challenge the Court of Special Appeals's affirmation of the trial court's summary judgment entered against him. Serio argues that Baltimore County's continued retention of firearms seized from his home and its refusal to restore the seized property to him through a designee or through a sale and remuneration to him because he is a convicted felon violates Article 24 of the Maryland Declaration of Rights and the provisions of Section 551(c) of Article 27 of the Maryland Code (1957, 1996 Repl.Vol., 1998 Cum.Supp.). Based upon the circumstances of this case, we reverse the summary judgment entered in favor of the defendants in light of our decision that Serio retains a property interest in the firearms even though he cannot possess them.

I. Background
A. Facts

On October 8, 1998, the petitioner, Robert Serio ("Serio"), was driving with Stacy Corbin on York Road in Baltimore County when the car struck a guardrail and overturned. Miss Corbin was thrown from the car and died at the scene of the accident. Subsequently, Serio was charged with vehicular manslaughter, which is a felony in Maryland.1 He pled guilty to one count of manslaughter by automobile and was sentenced on June 2, 1999, to six months imprisonment.

On the same day that Serio was sentenced, Officers Steven Russo and Robert Overfield of the Baltimore County Police Department applied for a warrant to search Serio's house and to seize "any firearms and any ammunition, boxes, receipts, or manuals relating to said firearms," based upon information that they had gleaned from Serio's estranged wife and a search of the Maryland Automated Firearms System. Serio was alleged to be a felon in possession of firearms in violation of Maryland Code (1957, 1996 Repl.Vol., 1998 Cum.Supp.), Article 27, Section 445(d)(1)(ii).2 The warrant was issued, and the officers searched Serio's home on June 3, 1999. The officers seized numerous firearms from Serio's home, including seven handguns, five rifles, a shotgun, a silencer, and ammunition. Ultimately, Serio was not charged with possessing firearms in violation of Section 445(d), but the County, nonetheless, has refused to return the firearms to him, or give them to a designee, or sell them and give Serio the proceeds.

B. Procedural History

On July 20, 1999, Serio filed a five count complaint in the Circuit Court for Baltimore County naming the County and Officer Russo as defendants. The first three counts of the complaint were brought against the County challenging the seizure of the firearms and seeking a return of the property pursuant to Maryland Code (1957, 1996 Repl.Vol., 1998 Cum.Supp.), Article 27, Sections 551(a), (b), and (c).3 In Count IV, Serio requested damages from the County for any harm to the seized property. Serio also alleged a violation of his rights under Article 24 of the Maryland Declaration of Rights against Officer Russo in Count V for misconduct in obtaining and executing the search warrant used to seize the firearms from Serio's home.4 Judge Lawrence Daniels of the Circuit Court for Baltimore County signed an order dated July 20, 1999, requiring the police department to preserve the property seized from Serio's home. The defendants were represented by the County Attorney's Office and together they filed a motion to dismiss the complaint for failure to state a claim, to which Serio filed an opposition.

A motions hearing was held in the Baltimore County Circuit Court on November 29, 1999, during which the trial court ordered the parties to submit memoranda of law concerning whether the firearms were contraband. The court also granted Serio leave to amend his complaint. Serio filed a First Amended Complaint, and Bruce Stanski was added as a plaintiff based upon the allegation that Stanski intended to purchase the seized firearms. Plaintiffs Serio and Stanski re-alleged all of the same counts against the County and Officer Russo that were alleged in the original complaint. Thereafter, the defendants, who still continued to be represented by the same counsel, filed a joint motion to dismiss the original Complaint and the First Amended Complaint for failure to state a claim. Judge Daniels held a hearing on February 7, 2000, to consider the defendants' motions and ordered the following:

1. That the Court grants summary judgment in favor of the Defendants on whether [Serio] had possession of the guns at issue;
2. That the Amended Complaint against Defendant Officer Russo is dismissed with prejudice;
3. That the case is dismissed as to Defendant Baltimore County, subject to [Serio] amending the existing complaint which is to be filed within 15 days of February 7, 2000.

Pursuant to the Circuit Court's ruling, Serio and Stanski filed a Second Amended Complaint, in which they alleged in Counts I-III claims against the County under Section 551 and sought damages for any lost or damaged property in Count IV. They also re-alleged a claim against Officer Russo in Count V for a violation of the Maryland Declaration of Rights, "by taking actions inconsistent with [Serio's] rights of due process...." A new claim against the County was added in Count VI alleging that Serio's rights had been violated under various articles of the Maryland Declaration of Rights.5 Count VII against the County was also added based upon 42 U.S.C. § 1983 (1999),6 for violating Serio's rights under the Fourth, Fifth, and Eighth Amendments to the United States Constitution.7

The County, acting on behalf of both defendants, filed a request to remove the entire case to the United States District Court for the District of Maryland, and a motion for summary judgment on all of the claims in the Second Amended Complaint. After hearing arguments on the motion, Judge Catherine Blake filed an Order and Memorandum on July 20, 2000, granting the County's motion and dismissing Serio's claims for relief. See Serio v. Baltimore County, 115 F.Supp.2d 509 (D.Md.2000)

. Specifically, in her Memorandum Order Judge Blake, addressing the due process claims under Count VII of the complaint, determined that Serio had a property interest in the firearms and that the County had deprived Serio of that interest by retaining the firearms, but granted the County's motion to dismiss on the ground that Serio had not challenged the validity of Section 551, as violative of his due process rights. Id. at 516. The court reasoned that Serio did not make a facial challenge to the applicable statutes; instead, he challenged the County's execution of the statutes based upon due process. Id. The court reasoned that the County's actions in seizing the firearms and retaining them did not deny Serio his due process rights because the County at that point could retain the firearms in anticipation of a criminal prosecution. Id. at 517. Once the need to keep the firearms terminated, the court held that Serio's due process rights would then be implicated. Id.

Furthermore, Judge Blake noted that the County could retain the firearms unless Serio could prove that there was no further need for the County to withhold them under Section 551(c). Id. at 518. The additional federal claims against the County under Count VII alleging violations of the Fifth and Eighth Amendments to the United States Constitution also were dismissed, as well as all of the claims under Count VI of the Second Amended Complaint, which related to Articles 19, 21, 24 and 25 of the Maryland Declaration of Rights.8Id. at 520.

While the matter was pending in federal District Court, Serio noted an appeal to the Court of Special Appeals based upon the Circuit Court's dismissal of the First Amended Complaint. In an unreported opinion, Serio v. Baltimore County, No. 329 (Sept. Term 2000), the Court of Special Appeals dismissed the appeal because a final judgment had not been entered by the Circuit Court pursuant to Maryland Rule 2-602.9

After the case was remanded for entry of a final judgment, the defendants, still represented by the same counsel, filed a motion for summary judgment as to the First Amended Complaint, and Serio and Stanski filed an opposition together along with a motion for reconsideration of the Circuit Court's earlier ruling dismissing the First Amended Complaint. On August 6, 2001, the Circuit Court ruled on the defendants' motion and granted partial summary judgment in favor of the defendants "as to the issue of whether [Serio] had possession of the guns, which are the subject of the case." The trial court dismissed Stanski's claims to have the firearms returned to him as an agent of Serio, as well as the claims against Officer Russo. Finally, the Circuit Court dismissed the claims against the County subject to Serio amending his complaint to add a claim based upon the Eighth Amendment to the United States Constitution.

On August 29, 2001, the Circuit Court held a hearing on Serio and Stanski's motion for reconsideration and determined that Serio should amend his complaint to plead with specificity the items that were taken by Officer Russo during the search. The court entered an order, vacating its previous orders of February 7, 2000, and August 6, 2001, and allowing Serio to amend his complaint "consistent with the Court's instructions of August 29, 2001." Serio then filed a Third Amended Complaint re-alleging in Counts I-III violations of Section 551 and seeking return of the seized property to Stanski as his agent. In Count IV Serio sought...

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