Brent v. City of Cumberland Police Dep't

• Docket Number: CIVIL JKB-22-1349
• Decision Date: 10 March 2023
• Parties: Debra J. Brent, Plaintiff, v. City of Cumberland Police Department, et at., Defendants.
• Court: U.S. District Court — District of Maryland

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Debra J. Brent, Plaintiff,
v.
City of Cumberland Police Department, et at., Defendants.

CIVIL No. JKB-22-1349

United States District Court, D. Maryland

March 10, 2023

MEMORANDUM

James K. Bredar Chief Judge

Pro se Plaintiff Debra Brent initiated this lawsuit against the City of Cumberland Police Department and Patrol Officers Duncan Cramer, Joshua Roberts, and Andrea Bennett (together, the "Cumberland Defendants") and Allegany County Maryland Emergency Services on June 3, 2022. (Compl., ECF No. 1.) She brings claims arising under the United States Constitution, Maryland common law, and the Maryland Constitution.

Currently pending before the Court are the Cumberland Defendants' Motion to Dismiss the Complaint (ECF No. 8) and Motion to Strike the (first) Amended Complaint (ECF No. 16); Brent's Motion to File a Second Amended Complaint (ECF No. 18), Motion to Request a Court Appointed Pro Bono Attorney (ECF No. 22), and Motion to Permit Filing of Video Recordings as a Physical Exhibit (ECF No. 31); and Allegany County Board of County Commissioner's Motion to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment (ECF No. 24) and Motion to Permit Filing of Audio/Digital Recordings as a Physical Exhibit. (ECF No. 26.) These Motions have been fully briefed and no hearing is necessary. See Local Rule 105.6

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(D. Md. 2021). For the reasons set forth below, the Court will grant in part and deny in part Brent's Motion to File a Second Amended Complaint (ECF No. 18); deny without prejudice Brent's Motion for a Court Appointed Attorney (ECF No. 22); deny without prejudice Brent's Motion to Permit Filing of Video Recordings as a Physical Exhibit (ECF No. 31); and grant Allegany County's Motion to Dismiss (ECF No. 24). It will deny all other motions as moot.

I. Factual and Procedural Background^[1]

Debra Brent is a Black woman and resident of Cumberland in Allegany County, Maryland. (ECF Nos. 18-1 at 4, 18-2 at 2.) Her lawsuit stems from an ongoing conflict with her neighbors, Robert Parks, Van Gaus, Cynthia Gaus, and Alexia Gaus, and the City of Cumberland and Allegany County's responses to her requests for assistance. (See generally ECF No. 18-1.) Brent has made multiple 911 calls complaining of harassment by her neighbors, particularly concerning Parks. (Id. at 2.) "Numerous police reports" indicate that "Parks admitted shouting racist slurs at [Brent] and intentionally disturbing [her] peace with loud music" and that he has been "specifically instructed by officers to stop both harassing [Brent] and disturbing [her] peace," as well as to stop "shouting derogatory racist slurs at [her]." (Id. at 3, 9.) Brent alleges that videos also show Parks "exposing bis private parts." (Id. at 4.)

Many of Brent's allegations relate to an interaction with Officers Cramer and Roberts on June 20, 2021. On this occasion, Officer Cramer ignored these prior police reports detailing Brent's interactions with Parks, "disregarded] a video [Brent] attempted to show him" "depict[ing] an incident of harassment initiated by Parks [,]" "admonished [Brent] for recording it[,]" and "instructed" Brent "to never call the police again." (Id. at 3, 5.) Officer Cramer "never admonished [Parks] for his behavior" and treated Parks with respect. (Id. at 5.) Officer Roberts

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similarly "chose to speak solely with Parks and apparently accepted his complete fabrication of the events" and "just like Cramer, he did not provide [Brent] with any assistance." (Id., at 6-7.)

After the interaction with Brent on June 20, 2021, Officers Cramer and Roberts walked across the street and laughed at Brent along with Van and Cynthia Gaus. (Id. at 3, 14.) Van and Cynthia Gaus "waved down" Officers Cramer and Roberts, and Cynthia Gaus referred to Officer Cramer by his first name. (Id. at 14.) Officer Cramer's report stated that he and Officer Roberts had a personal conversation with Van and Cynthia Gaus. (Id.) Similarly, a different officer's police report from May 22, 2021, referenced a conversation between Officer Cramer and the residents of the Gaus house "about something completely unrelated to [Brent], or the call that [they] were on." (Id.) Van Gaus "has acknowledged being a Nazi" and is friends with Parks. (Id.) Brent alleges that "[t]hese neighbors were treated in a courteous and respectful manner at all times by the defendants." (Id. at 15.)

Brent requested another officer to be dispatched to the scene on June 20, who "apologized for both defendants' unprofessional behavior." (Id. at 5,11.) Later that evening, Officer Cramer was again dispatched to the area "at the request of his white racist friends" and knocked on Brent's door, but she did not answer. (Id. at 11 .)^[2]

On June 24,2021, Brent filed a police misconduct complaint with the Cumberland Police Department against Officers Cramer and Roberts. (Id. at 5,12.) On June 25,2021, Officer Cramer

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filed a criminal complaint against Brent, supported by police reports made by Officer Roberts. (Id. at 2,5,7.) That criminal complaint included allegations of "inappropriate 911 calls... going back several years prior to the date he filed his complaint." (Id. at 4.) On June 26,2021, as a result of Officer Cramer's complaint, charges were filed against Brent for: "1) Harass: A Course of Conduct, 2) Tel Misuse Repeat Calls, 3) Disturb Peace: Loud Noise, 4) Disturb Peace: Loud Noise, 5) Disturb Peace: Loud Noise." (Id. at 2.) The State's Attorney terminated prosecution and dismissed the charges by entering a nolle prosequi on April 1,2022. (Id. at 2 (citing Ex. 4 (Notice of Nolle Prosequi and Dismissal, ECF 11-4 at 5)).)^[3]

Neither Officer Cramer nor Officer Roberts filed a criminal complaint against Parks. (Id. at 6-7.) In early 2022, Brent filed an Application for Statement of Charges in the District Court of Maryland for Allegany County against Parks relating to the events on June 20, 2021 and other incidents. (Id. at 6 (citing Ex. 5 (Application for Statement of Charges, ECF No. 11-4 at 6)).) The State of Maryland filed charges against him on January 18,2022, which were later dismissed. (Id.)

On June 25, 2021, Brent contacted Allegany County Emergency Services regarding a "peppery substance" outside her bedroom window. (Id. at 13.) The dispatcher she spoke to "was rude, refused to render aid, and stated that she was informed [Brent] had recently filed a police misconduct complaint against defendants Cramer and Roberts. She further stated that Allegany County was directed by the City of Cumberland to not provide [Brent] any assistance." (Id.) Brent was transferred to a second dispatcher who was "rude and abruptly hung up on [her]." (Id.) Brent

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alleges that she is therefore unable to access assistance "in the event of a safety, fire, and/or health emergency." (Id. at 17,23.)

On October 21, 2021, Officer Bennett filed a traffic complaint against Brent. (Id. at 19.) Brent was formally charged on December 8,2021 and received a criminal summons. (Id. (listing charges as "Reckless Driving, Unsafe Left Turn in No Passing Zone, Driver Failure to Obey Designated Lane Directions, and Unsafe Lane Changing").) Brent alleges that this complaint "was initiated in part by racist neighbors defendants Van and Cynthia Gaus" and "consisted largely of police reports that were unrelated to the complaint" written by Officers Cramer and Roberts. (Id.) Due to a purported technical issue stemming from the traffic complaint, Brent's driver's license was suspended and she lost her car insurance coverage for a period of time. (Id. at 18, 21.) The traffic chargers were dismissed on March 31,2021. (Id. at 21.)

These events caused Brent a great deal of stress, severe insomnia, anxiety, and other physical health issues. (Id. at 17, 22-23.) Brent "continue[s] to receive therapy relating to the anxiety condition that this situation has caused [her]." (Id. at 23.)^[4]

Brent filed suit against the Cumberland Defendants and Allegany County Maryland Emergency Services on June 3,2022. (ECF No. 1.) She asserted claims under the First, Fourth, and Fourteenth Amendments of the U.S. Constitution, Articles 13 and 40 of the Maryland Constitution, and Maryland common law claims of defamation and harassment and intentional infliction of emotional distress ("IIED"). (ECF No. 1 at 1-6.)

The Cumberland Defendants moved to dismiss the Complaint. (ECF No. 8.) Brent responded in opposition to the Motion to Dismiss (ECF No. 11) and subsequently filed an

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Amended Complaint. (ECF No. 15.) The Cumberland Defendants moved to strike the Amended Complaint for failure to comply with Local Rule 103.6 (requiring party filing an amended pleading to attach a clean copy of the amended pleading and a "redlined" copy showing the changes made) and Federal Rule of Civil Procedure 11(a) (requiring a signature on every pleading). (Mot. Strike, ECF No. 16; Mem. Supp. Mot. Strike, ECF 16-1, at 2.)

Brent filed a Motion for Leave to File a Second Amended Complaint on October 11,2022. (ECF No. 18.)^[5] The proposed Second Amended Complaint is substantively similar to the first Amended Complaint, but adds as defendants Robert Parks, Van Gaus, Cynthia Gaus, and Alexia Gaus (together, the "neighbor Defendants"). (Compare ECF No. 18-2, with ECF No. 15.) The proposed Second ■ Amended Complaint changes the institutional defendants to the City of Cumberland (instead of "City of Cumberland Police Department") and Allegany County (instead of "Allegany County Emergency Services"). (ECF 18-1.) The County defendant identifies itself as "Allegany County Board of County Commissioners." (ECF 24 at 1.) The Court will refer to the government entities as the "City of Cumberland" and "Allegany County."

The proposed Second Amended Complaint asserts the following claims: "Violation of the Fourth Amendment (Malicious Prosecution)" against Officer Cramer; "Violation of Fourteenth

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Amendment (Equal Protection of...