Frazier v. Prince Georges Cnty.

• Decision Date: 24 January 2023
• Docket Number: CIVIL 22-1768 PJM
• Parties: ROBERT FRAZIER, et al., individually and on behalf of a class of similarly situated persons, Plaintiffs, v. PRINCE GEORGE'S COUNTY, MARYLAND, et al., Defendants.
• Court: U.S. District Court — District of Maryland

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ROBERT FRAZIER, et al., individually and on behalf of a class of similarly situated persons, Plaintiffs, v. PRINCE GEORGE'S COUNTY, MARYLAND, et al., Defendants.

CIVIL No. 22-1768 PJM

United States District Court, D. Maryland

January 24, 2023

MEMORANDUM OPINION

Peter J. Messite, Judge

This putative class action challenges the process by which criminal defendants in Prince George's County, Maryland are granted release prior to trial. Plaintiffs are individuals who were arrested and charged with various crimes between October 2020 and June 2022.^[1]They assert that the Judge Defendants^[2]improperly delegated decisions regarding their pretrial release to Defendant Employees^[3]of the County also a Defendant, and that the process by which all Defendants made release determinations violated their due process rights. Defendants have moved to dismiss the case based on lack of subject matter jurisdiction, abstention doctrines, and failure to state a claim. For the following reasons, the Court GRANTS IN PART AND DENIES IN PART the Motions to Dismiss of the County (ECF No. 64) and the Judge Defendants (ECF No 66).

I. PRETRIAL RELEASE PROCEEDINGS

A. In General

The Court begins with an overview of the pretrial release process in Prince George's County, which it draws from Plaintiffs' Complaint and the arguments of counsel at oral argument on the Motions.

When an individual is arrested in Prince George's County, he or she is taken before a District Court Commissioner^[4] for an initial determination of release or detention. Any individual ordered to be detained is given a prompt bail review hearing, typically within 24 hours, by a judge of the District or the Circuit Courts of the County. The judge decides whether pretrial release or detention is appropriate. Maryland law directs that the judge's decision be based, inter alia, on the recommendation of the Population Management Division of the Prince George's County Department of Corrections (the “Pretrial Division”). Md. Code Crim. Proc. § 4-216.1(f)(1). What that requirement has meant in practice, in Prince George's County at least, is that, while the judge authorizes^[5]pretrial release, actual release occurs only when the Pretrial Division determines that a defendant satisfies certain criteria making him or her eligible for release.^[6] Plaintiffs contend that the methods by which the Pretrial Division decides eligibility are opaque, drawn out, and often arbitrary, during which time of course the defendant unconstitutionally remains in custody. See Compl. ¶ 6-7.

The Pretrial Division considers a number of criteria in determining a defendant's eligibility for release, including:

• Whether the offense charged is non-violent;

• Whether the defendant's identity, phone number, and residence address can be confirmed;

• Whether there are open warrants, detainers, or other charges against the defendant pending in Prince George's County or another jurisdiction;

• Whether a defendant resides in Prince George's County;

• Whether a defendant, if released, would have access to a working telephone;

• Whether a defendant would be able to reside with a cooperative family member upon release;

• Whether a defendant is employed, in school, or otherwise involved in vocational training, including the name and location of the employer, school, or training program; and

• The defendant's references, employment history, medical information, and past and present substance usage.

Logan Aff., ECF No. 64-2. At this juncture, the Court has no information before it regarding which of these factors, if any, are deemed mandatory and which are deemed optional in determining a defendant's eligibility for release.

The Pretrial Division apparently has no deadline by which it must determine whether a defendant is eligible for release. See Logan Aff., ECF No. 64-2 (explaining that “[t]he time it takes to obtain this information can vary for each defendant” and is dependent both on the promptness of responses by individuals contacted on a defendant's behalf, and on the Pretrial Division's caseload). At some point, however, if the Pretrial Division determines that it cannot confirm whatever information it believes is critical, a defendant is deemed ineligible for pretrial release and remains in custody. The Pretrial Division is supposed to submit a document to the judge who conducted the bail hearing, explaining the reasons for determining that a defendant is ineligible for release, which the judge may or may not have to sign off on.^[7]A defendant can always request periodic bail review hearings at which the judge is able to change the defendant's detention status.^[8]But the Court has not been advised of any policy or protocol indicating the extent and frequency with which the Pretrial Division must undertake to confirm relevant eligibility factors and report back to the bail judge.

Too often according to Plaintiffs' counsel (relying on oral reports from public defenders representing Plaintiffs in the trial courts), the process of confirming whether a client is eligible for release or even for obtaining information from the Pretrial Division as to a given defendant's status takes an unduly long time.

B. The Situations of the Named Plaintiffs

The Court considers the particulars of Plaintiffs' individual cases.

As of November 2022, six of the named Plaintiffs (Frazier, Hernandez, Davis, D.P., Sharp, and Worthington) (collectively, the “Released Plaintiffs”) were no longer in custody. The remaining three Plaintiffs (Butler, Williams, and Laguan-Salinas^[9]) (collectively, the “Detained Plaintiffs”), for various reasons, continue to be detained.

1. Released Plaintiffs

i. Robert Frazier

Plaintiff Frazier was arrested on May 28, 2022 for allegedly having a loaded handgun in a vehicle, knowingly altering a firearm identification number, illegally possessing an unregistered firearm and ammunition, possessing a firearm with a felony conviction, and committing various traffic code violations. He had an initial appearance before the District Court on May 29, 2022 and was ordered held without bond. He had subsequent bail review hearings on May 31, June 21, and June 28, 2022 respectively, before District Court Judge Defendants Bereano, Clark-Edwards, and Denton. On August 16, 2022, after he was indicted and his case was transferred to Circuit Court, Frazier had a fourth bail review hearing before Circuit Court Judge Lawrence V. Hill, Jr., who is not currently a Defendant in this case. Judge Hill modified Frazier's bail status to “release-on-recognizance” so that he could be transferred to the General District Court in Arlington County, Virginia to answer to a detainer. On August 24, 2022, Frazier was transferred to Virginia and released from that state's custody the same day. He returned to the Maryland Circuit Court on August 25, 2022 and was released from Prince George's County custody following a bail review with Judge Hill. Frazier is currently awaiting trial.

ii. Anibal Hernandez

Plaintiff Hernandez was arrested on June 22, 2022 for allegedly possessing with intent to distribute a controlled dangerous substance (CDS), importing a CDS into the state, and committing a firearm/drug trafficking crime. He had an initial appearance in District Court on June 23, 2022 and was ordered held without bond. Hernandez then had bail review hearings on June 24, 2022 before District Judge Defendant Judge Allen, and on July 25, 2022 before District Court Judge Katina S. Steuart, who is not currently a Defendant in this case. At his second bail hearing, Hernandez had a cash bond set at $5,000 and was released the same day after paying it. Hernandez is currently awaiting trial.

iii. Donnell Davis

Plaintiff Davis was arrested on October 8, 2020 and charged with assault in the first and second degree. He had an initial appearance in the District Court on the same day. He had bail review hearings on October 9 and November 9, 2020 before District Judge Defendant Heffron, Jr., and on December 16, 2020 before District Judge Defendant Smith. He was detained pending his trial and on January 7, 2021, at trial, was found not guilty and released.

iv. D.P., a Minor

Plaintiff D.P., a minor, was arrested on June 16, 2022 for allegedly committing armed robbery, theft, using a firearm during a felony or violent crime, possessing a dangerous weapon on school property, committing assault in the first degree, and possessing a firearm as a minor. He had an initial appearance in the District Court that same day and bail review hearings on June 21 and June 28, 2022, respectively before District Judge Defendants Clark-Edwards and Denton, and on August 17, 2022 before District Court Judge Jonas D. Legum, who is not currently a Defendant in this case. At his August 17, 2022 bail review, D.P. had a cash bond set at $15, 000 and was released upon payment. Following his indictment, D.P.'s case was transferred to the Circuit Court, where he is currently awaiting trial.

v. Leslie Sharp

Plaintiff Sharp was arrested on June 11, 2021 and charged with assault in the second degree. He made an initial appearance in the District Court that same day and had bail review hearings on June 14, June 24, and July 14, 2021, respectively before District Judge Defendants Denton, Carrington, and Varner Lewis. He was detained pending trial and on July 22, 2021, the day of Sharp's trial, the State entered the charges against him nolle prosequi, his case was closed, and he was released.

vi. Adrienne Worthington

Plaintiff Worthington was arrested on December 23, 2021 and charged with assault in the first and second degrees. She made an initial appearance in District Court the next day and had bail review hearings on December 28, 2021 before District...