Hodge v. Stephens
| Decision Date | 31 January 2013 |
| Docket Number | Civil Action No. 12-cv-01988-AW |
| Parties | CHANTE' N. HODGE, et al., Plaintiffs, v. LT. RANDY L. STEPHENS, et al. Defendants. |
| Court | U.S. District Court — District of Maryland |
Pending before the Court are two Motions to Dismiss or, in the Alternative, for Summary Judgment. The first Motion is by Defendants Calvert County, Calvert County Sheriff's Office, Sheriff Mike Evans, Sergeant Brian K. Bowen,1 and Deputy Sheriff Chris N. Fox (hereinafter the Calvert County Defendants). Doc. No. 14. The second Motion is by Defendants the State of Maryland, Maryland State Police, Trooper First Class Adam J. Merkelson,2 and Lieutenant Randolph L. Stephens3 (hereinafter the Maryland Defendants). Doc. No. 28. Also pending is Plaintiffs' Motion for an entry of default as to the Maryland Defendants and Defendant Trooper William Costello,4 Doc. No. 26, and Plaintiffs' Motion for Settlement Conference, Doc. No. 30. The Court has reviewed the motion papers and concludes that no hearing is necessary. Loc. R. 105.6 (D. Md. 2011). For the reasons articulated below, the Court will GRANT the Defendants' Motions to Dismiss or, in the Alternative, for Summary Judgment and will DENY Plaintiffs' Motions for entry of default and for a settlement conference.
This case concerns a July 12, 2011 encounter between Plaintiffs and police officers at Plaintiffs' home in Prince Frederick, Maryland and Plaintiffs' subsequent attempts to obtain a copy of the July 12, 2011 incident report. The parties' versions of events largely coincide, but the Court will briefly outline their respective allegations and averments in turn.
The following is based on the affidavits of Defendants Trooper Merkelson, Sergeant Bowen, Deputy Sheriff Fox, and Lieutenant Stephens. See Bowen Aff., Doc. No. 14-2; Fox Aff., Doc. No. 14-3; Merkelson Aff., Doc. No. 28-3; Stephens Aff., Doc. No. 28-5. Early in the morning on July 12, 2011, the Calvert County Control Center broadcasted a call for service advising that there was an allegation of a domestic disturbance at 1312 or 1314 Sark Court in Prince Frederick. Troopers Costello and Merkelson were the first officers on the scene, but they were unable to locate a 1314 Sark Court. Trooper Merkelson radioed to dispatch that they could not locate that address. Sergeant Bowen and Deputy Sheriff Fox were also dispatched to the scene at 12:43 a.m. and arrived soon after Troopers Merkelson and Costello.
Trooper Costello knocked on the door of 1312 Sark Court and an individual later identified as Plaintiff Harold Hodge opened the door. Mr. Hodge only opened the door a few inches and appeared agitated. Trooper Costello told Mr. Hodge that the officers were responding to a domestic disturbance call, and Mr. Hodge told the officers that he did not hear anything, that no disturbance occurred inside his home, and that he was fine. Mr. Hodge then closed the door on Trooper Costello.
The officers radioed the Control Center to advise that there was no 1314 address and that the only residence in the vicinity with the lights on was 1312. The Control Center informed theofficers that the correct address was 1312 Sark Court. The four officers approached the Hodges' door and Trooper Merkelson knocked again. Merkelson identified himself and told Mr. Hodge that the officers were investigating a report of a domestic disturbance. The officers aver that Mr. Hodge was again irritated and agitated by their presence and that he became argumentative.
Trooper Merkelson asked Mr. Hodge whether an argument had occurred at his residence, and Mr. Hodge replied in the negative. Mr. Hodge refused to let Merkelson in the home and told the officers they were violating his rights. Trooper Merkelson advised Mr. Hodge that he needed to speak with the other individuals at the residence—his wife and two daughters—to verify that they were okay. Merkelson prevented the door from closing by placing his foot in the doorway. Merkelson explained to Mr. Hodge that he was not entering the home but simply needed to verify the wellbeing of its residents. Trooper Merkelson avers that at no time did he or Costello cross or attempt to cross the threshold of the door and enter Plaintiffs' home, and at no time did he physically leap out, yell or assault Mr. Hodge. The officers then spoke with Chante' Hodge and the Hodges' daughters and verified that they were safe and not involved in a domestic dispute. Mr. Hodge remained argumentative throughout the encounter.
Following the encounter with the Hodges, Troopers Merkelson and Costello went next door to 1316 Sark Court and made contact with Colbert Jones and Vanity Savoy. The officers verified that no disturbance occurred at the Hodges' residence, but that Jones and Savoy had a verbal argument earlier that morning.
Lieutenant Stephens avers that on August 19, 2011, Plaintiffs came to the Prince Frederick Barrack and requested a copy of the July 12, 2011 police report. Stephens explained that the records were kept at the barrack, but that there was a process for requesting the record and that a written request would have to be submitted. At that time, Stephens believed thatPlaintiffs were seeking a copy of a criminal investigative report. On August 31, 2011, Stephens received a letter from Plaintiffs which cited the Freedom of Information Act and requested a copy of the July 12, 2011 incident report. On September 1, 2011, Stephens provided the Hodges with a redacted copy of the incident report and waived the report fee.
On the morning of July 12, 2011, Mr. Hodge was sitting in the first floor of his home at 1312 Sark Court listening to gospel music on his computer. Chante' Hodge was sleeping upstairs, and Plaintiffs' minor daughters Beersheva Hodge (age 13) and Bathsheba Hodge (age 15) were also upstairs in their beds.
At about 12:50 a.m., Mr. Hodge heard sounds of walking and what sounded like police radios outside the home, following by a few knocks at the front door. Mr. Hodge got up from his computer, located about three feet from the front door, and opened the front door about fifteen to twenty inches to meet Defendant Trooper William Costello of the Maryland State Police. Trooper Costello asked Mr. Hodge where town home number 1314 was located and whether Mr. Hodge had heard any yelling or screaming. Mr. Hodge responded that he did not know about unit 1314 and had not heard any yelling or screaming. Trooper Costello then asked Mr. Hodge whether everything was okay in his home. Mr. Hodge responded, "did you not ask for house #1314," and told Costello that everything was fine in his home. Costello told Mr. Hodge to have a good night, at which time Mr. Hodge closed the door and returned to his music.
About three minutes later, the Plaintiffs heard three or four extremely loud bangs on their front door. The individual knocking did not verbally identify himself, and Mr. Hodge fearfully opened the door only five or six inches where he was met by Defendant Trooper Adam J. Merkelson of the Maryland State Police. Trooper Merkelson asked Mr. Hodge to come outside,and Mr. Hodge responded in a calm but firm tone that he could not. Merkelson then asked Mr. Hodge if he could enter the home. Mr. Hodge responded that the officer could not enter his home without a warrant. Trooper Merkelson stated that he did not need a warrant, to which Mr. Hodge said "you do need a warrant because I already told the other officer that we live not [sic] at house #1314."
Trooper Merkelson responded that he was doing an investigation into a domestic dispute and provided his name to Mr. Hodge. It was at about this moment that Merkelson put his foot in the doorway "across the threshold" into Plaintiffs' home to prevent Mr. Hodge from closing the door. Mr. Hodge told Merkelson in a peaceful but authoritative manner that he had crossed the threshold and was therefore in violation of the law and his rights under the Fourth Amendment. Trooper Merkelson refused to move his foot.
Merkelson then asked Mr. Hodge his name and who else was in the home. Mr. Hodge, "not believing he was free to terminate the intrusion of being seiz[ed]," told Merkelson that his wife and daughters were upstairs asleep in bed. Trooper Merkelson demanded to speak with Mrs. Hodge, to which Mr. Hodge reiterated that the officer was in violation of his rights and needed a warrant. Merkelson, now with his foot and body "halfway into" Plaintiffs' home, then became "louder and belligerent" and yelled and leaped toward Mr. Hodge and told him repeatedly to "get your wife." At this point, Mr. Hodge noticed that Defendants Deputy Sheriff Chris N. Fox and Sergeant Brian K. Bowen of the Calvert County Sheriff's Office were "right behind" Trooper Merkelson and "moving forward with him as bees on honey." Mr. Hodge alleges that he "was assaulted and fear [sic] he was going to be attacked and battered without an [sic] doubt if he had not started to get his wife."
As Mr. Hodge turned to walk upstairs to call his wife from bed, he saw that Trooper Merkelson was pushing Plaintiffs' door open at a ninety-degree angle, had his foot, leg, and arms "completely across the . . . threshold," and was looking around the home. Mr. Hodge again told Trooper Merkelson that he was in violation of his rights, to which Merkelson "became more uncooperative and belligerent" and yelled again for Mr. Hodge to get his wife. Mr. Hodge then called for his wife to come downstairs "out of fear of being attacked." Mrs. Hodge had already woken up due to the yelling, and she told Mr. Hodge she was coming downstairs. Plaintiffs' daughters remained upstairs "scared and frightened to death."
When Mrs. Hodge came downstairs, Trooper Merkelson asked her if she was okay, and Mrs. Hodge responded that she was fine. Merkelson then asked Plaintiffs if he could speak with their daughters. Plaintiffs...
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