Glass v. Anne Arundel Cnty.

• Decision Date: 07 August 2014
• Docket Number: Civil No. WDQ–12–1901.
• Court: U.S. District Court — District of Maryland
• Parties: Gary Alan GLASS, Plaintiff, v. ANNE ARUNDEL COUNTY, et al., Defendants.

38 F.Supp.3d 705

Gary Alan GLASS, Plaintiff

v.ANNE ARUNDEL COUNTY, et al., Defendants.

Civil No. WDQ–12–1901.

United States District Court, D. Maryland, Northern Division.

Signed Aug. 7, 2014.

Cary Johnson Hansel, III, Joseph Greenwald and Laake PA, Greenbelt, MD, for Plaintiff.

Andrew J. Murray, Annapolis, MD, for Defendants.

MEMORANDUM OPINION

WILLIAM D. QUARLES, JR., District Judge.

Gary Alan Glass sued Anne Arundel County (the “County”) and several police officers¹ for constitutional violations under 42 U.S.C. § 1983. ECF No. 1. Pending are defendant Corporal Mark Collier's motion for summary judgment, ECF No. 42, and Glass's motions to strike various exhibits, ECF Nos. 47–49. No hearing is necessary. Local Rule 105.6 (D.Md.2011). For the following reasons, the motion for summary judgment will be granted in part and denied in part, the motions to strike affidavits will be denied, and the motion to strike the defendant's expert report will be granted in part and denied in part.

I. Background²

A. The Traffic Stop

1. Glass's Version of Events

At about 8:15 a.m. on September 14, 2010, Glass was driving at 30 miles per hour westbound on Rutland Road in Davidsonville, Maryland. See ECF Nos. 50–1 at 14, 50–3 at 4–6. At the same time, Collier—an off-duty County Police Officer—was driving out of the parking lot of a pediatrician's office located further west down Rutland Road. See ECF No. 50–1 at 15–16, 24, 32. Collier was in an unmarked 2005 Ford Escape sport utility vehicle (“SUV”) with “heavily tinted” windows; his two children were in the backseat. See ECF Nos. 50–1 at 18, 50–2 at 26, 31–32, 50–14 at 2.

Glass first saw the SUV in the driveway of the pediatrician's office when he was 250 yards east of the driveway, while he was driving around a blind curve in Rutland Road. See ECF No. 50–1 at 5–6, 10–11, 15. When Glass was about 100 to 125 feet from the driveway, the SUV pulled out into the right traffic lane directly in front of Glass. See ECF Nos. 42–5 at 6, 50–1 at 8, 10–11, 50–3 at 6. Glass slammed on his brakes—so hard that the anti-lock braking system started—and narrowly avoided hitting the SUV. See ECF Nos. 50–1 at 16–17, 50–10 at 2. Glass also blew his horn to alert the SUV's driver that he was behind the SUV and about to hit it. See ECF No. 50–1 at 6, 19. During his emergency braking, Glass's car came within six to ten feet from the SUV and then backed away as Glass decelerated and the SUV accelerated. See id. at 18–21.

About 50 yards ahead, the SUV pulled into the right turn lane before the intersection of Rutlandview Road and stopped. See ECF Nos. 42–3 at 1, 42–5 at 6, 50–1 at 20–21. Glass continued driving westbound. See ECF No. 42–5 at 6.

After Glass had driven about 300 yards further, he noticed the SUV behind him with blue lights flashing in the windshield. See ECF No. 50–3 at 6–7. Glass pulled over, and the SUV pulled over behind him. See ECF No. 42–5 at 6–7. Glass got out of the car and stood with his hand on the driver's side door. See ECF No. 50–1 at 23–24. As he did, Collier—wearing a t-shirt, white gym shorts, and tennis shoes—got out of the SUV and ordered Glass to get back into his car. See ECF No. 42–5 at 7. Glass complied. See id. Collier then “walked fast” or “ran up” to Glass's car, “yelling and screaming at [him] for blowing [his] horn ... and [asking if he knew] that there were laws against blowing your horn.”³ Id. Collier was “absolutely out of control.” ECF No. 50–1 at 23. As he walked to Glass's window, Collier lifted his t-shirt to display a holstered gun, but he did not identify himself as a police officer. See id. at 26, 46.

When Glass explained that he had sounded the horn because of Collier's failure to yield, Collier said: “Oh that's not true.... There was plenty—you were way back. There was plenty of distance.” See ECF Nos. 42–5 at 8, 50–1 at 30. Collier then requested Glass's license and registration, which Glass handed to him.⁴ See id. Glass offered his insurance card, but Collier declined, which made Glass even more concerned that Collier was not actually a police officer. See ECF Nos. 42–5 at 8–9, 50–1 at 30–31.

As Collier turned and walked back to his SUV, Glass called 911. See ECF No. 50–1 at 31. He told the operator that he had been pulled over by a car with blue lights and asked if the driver was a police officer. See id. at 32. The operator eventually confirmed that Collier was a police officer but incorrectly told Glass that Collier was an officer named “VanDyke.” See id. at 32–33, 45. Glass asked if a police supervisor could respond to the traffic stop, but Hubberard—a supervisor at the 911 call center—denied the request. See id. at 33; ECF No. 42–5 at 50–51. Glass then requested that Hubberard ask Collier if they could move the cars to a safer location.⁵

See ECF No. 50–1 at 34. Hubberard also denied that request. See id.

While Glass was on the phone with 911, Collier took Glass's license and registration to the SUV. See id. at 30. Collier heard the radio dispatcher requesting other cars to respond to the traffic stop. See ECF No. 50–2 at 45. Collier radioed and said that he did not need assistance and nearby cars should disregard the dispatcher's request. See id. The dispatcher told Collier that Sergeant Gilmer had requested additional cars, so Collier called Gilmer on his cell phone.See id. at 45–46. Gilmer informed Collier that he was sending additional cars because Glass had called 911 and was upset. See id. at 48. He was concerned that Glass would not give Collier his license, because “by law you're not required to give your license to an individual ... that is in civilian clothes.” ECF No. 50–12 at 13. Collier told Gilmer that he had planned to write Glass a warning, but since Glass had called in and complained, he would issue Glass a ticket. See ECF No. 50–2 at 49, 51.

Collier returned to Glass's car, told Glass that he was a County police officer and “shoved” an identification card “in [Glass's] face so [he] couldn't even read it.” See ECF No. 50–1 at 44–45. Collier did not tell Glass his name. See id. at 45. Collier then handed Glass a citation for following too closely, in violation of Md.Code Ann., Transp. § 21–310. See ECF Nos. 42–2 at 3, 42–5 at 11, 50–14 at 3. Glass told Collier that he would dispute the ticket in court and “hoped” that Collier would attend. See ECF No. 50–1 at 39. Collier put his head closer to Glass's car window and asked if Glass was threatening him. See id. Glass responded that he was not and drove away after Collier told him that he could leave. See id. at 39, 43.

Glass estimated that the stop lasted between 20 and 30 minutes, longer than the time reflected in the CAD records.⁶ See ECF Nos. 50–1 at 46–47, 50–10 at 7. Collier did not remember when he called in the stop. See ECF No. 50–2 at 40.

After the traffic stop, Glass called the police station and spoke to several officers about Collier's behavior. See ECF No. 50–10 at 5–6. The next day, he spoke to officers in Internal Affairs about the incident. See id. On October 12, 2010—after Glass wrote a letter complaining about the incident to the Chief of Police—Barcenas, who worked in Internal Affairs, conducted a recorded interview about the stop with Glass. See ECF Nos. 42–5 at 1, 4, 38; 50–13.

2. Collier's Version of Events

Collier's version of the events before the stop, and his interactions with Glass during the stop, is markedly different from Glass's.

Collier states that he first looked left before turning out of the driveway, but he did not see any cars. See ECF No. 42–2 at 2. Then, as he was pulling out of the driveway and “accelerating into the lane of travel,” he “noticed [Glass's car] out of [his] peripheral vision start to come over a hill.” See id.; ECF No. 50–2 at 21–22. Collier did not brake but continued to accelerate into his right hand turn.⁷ See ECF No. 50–2 at 23–24. Glass drove to within six to nine feet of Collier's car; Collier could see in his rearview mirror that Glass was upset and shaking his head.

See id. at 29. Glass continued to follow six to nine feet behind Collier's car for the next 50 to 75 yards. See id. at 30. Glass then blew his horn for three seconds. See id. at 33–34.

Collier turned on his lights and stopped his car. See ECF Nos. 50–2 at 34, 39; 50–14 at 3. Collier left the SUV and told Glass to drive around—and pull over in front of—the SUV, which Glass did. See ECF Nos. 50–2 at 34–35, 39; 50–14 at 3. Collier ordered Glass to get back into his car; Collier then returned to his own car and placed it at a 45 degree angle into the roadway, “so if people were coming down the road, they would hit my car instead of his.”⁸ See ECF No. 50–2 at 34–36.

As Collier approached the car, he lifted his shirt to make sure his holstered gun was readily accessible during the stop.⁹ See ECF No. 50–2 at 43–44. He identified himself by name, and as a police officer, to Glass and asked for his license and registration.See ECF Nos. 50–2 at 44, 50–6 at 9.

Some time during or soon after the stop, Collier wrote notes on the back of a copy of the citation briefly describing his version of the events before the traffic stop. See ECF Nos. 42–4 at 4; 50–5; 50–16 at 4–5. Later, he also typed on his computer more notes about the stop. See ECF Nos. 42–4 at 4, 50–6 at 10–11.

3. Expert Report

On July 17, 2013, Corporal Gregory Russell—an asserted expert in accident reconstruction—completed a report analyzing the events of the traffic stop.¹⁰ See ECF No. 42–3 at 1. The report calculates, inter alia, the time and distance required for Glass to brake and avoid hitting Collier, and the time and distance required for Collier to complete the turn and accelerate away from Glass. See id. at 2–4. The report concludes that—based on Russell's calculations and the alleged statements of both parties—Glass did not need to take any “evasive maneuver[s]” to avoid hitting Collier and that Glass followed Collier “too closely” for at least 100 feet, which “justified enforcement action.” See ECF No. 42–3 at 3, 5–6.

B....