Rockwell v. Mayor of Balt.

• Decision Date: 11 March 2014
• Docket Number: Civil Action No. RDB-13-3049
• Court: U.S. District Court — District of Maryland
• Parties: DANIEL L. ROCKWELL, et al, Plaintiff, v. MAYOR & CITY COUNCIL OF BALTIMORE, et al, Defendant.

DANIEL L. ROCKWELL, et al, Plaintiff, v. MAYOR & CITY COUNCIL OF BALTIMORE, et al, Defendant.

Civil Action No. RDB-13-3049

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Dated: March 11, 2014

MEMORANDUM OPINION

Plaintiffs Demetria R. Holden ("Holden") and Daniel L. Rockwell ("Rockwell") bring this action against Defendants Detective Clyde Rawlins ("Detective Rawlins"), Detective Richard Manning ("Detective Manning"), School Police Officer Rodney Coffield ("Officer Coffield"), Department of Juvenile Services Officer Leo Zilka ("Officer Zilka"), and the Baltimore Police Department, asserting various claims under 42 U.S.C. §§ 1983, 1985, and 1986 and related Maryland state tort law arising from the Defendants' execution of an arrest warrant against Rockwell.¹ Specifically, Plaintiffs allege that the tasing of Rockwell while he was standing on a second-story roof, resulting in his fall and sustaining of serious injuries, constituted excessive force under the Fourth and Fourteenth Amendments and additionally assert that the Defendants conspired to withhold information after the incident. In a flurry of motions, all Defendants have moved to dismiss the claims. See ECF Nos. 8, 21, 22, and31. The parties' submissions have been reviewed, and this Court held a hearing on the motions on February 27, 2014. See Local Rule 105.6 (D. Md. 2011). For the reasons that follow, the Motions to Dismiss filed by Defendant Officer Zilka and Officer Coffield (ECF Nos. 8 and 31) are GRANTED. In addition, the Motion to Dismiss of Detectives Manning and Rawlins (ECF No. 21) is GRANTED IN PART and DENIED IN PART; specifically it is GRANTED with respect to all claims against Detective Manning and with respect to Count III, Count IV, Count V, Count VI, Count IX, and Count X as to Detective Rawlins. Finally, Defendant Baltimore Police Department's Motion to Dismiss (ECF No. 22) is GRANTED IN PART AND DENIED IN PART; specifically, the Motion is granted with respect to all claims except Count XII asserting Fourth and Fourteenth Amendment violations under federal law. Accordingly, for the reasons that follow, the Defendants Officer Zilka, Officer Coffield, and Detective Manning are DISMISSED from this case, and this action shall proceed against the Defendants Detective Rawlins and Baltimore Police Department.

BACKGROUND

This Court accepts as true the facts alleged in the plaintiffs' complaint. See Aziz v. Alcolac, Inc., 658 F.3d 388, 390 (4th Cir. 2011).

This case arises out of the execution of a warrant to arrest Plaintiff Daniel L. Rockwell ("Rockwell") in Baltimore City, Maryland. On February 8, 2011, Defendants Detective Clyde Rawlins ("Detective Rawlins"), Detective Richard Manning ("Detective Manning"), School Police Officer Rodney Coffield ("Officer Coffield"), and Department of Juvenile Services Officer Leo Zilka ("Officer Zilka") arrived at Plaintiffs' home at 4425Wrenwood Avenue, Baltimore City, Maryland 21212 in order to execute the warrant. Pls.' Compl. ¶ 21. Plaintiff Demetria Holden ("Holden") is the mother of Rockwell, who is mentally challenged, and was a minor at the time. Id. ¶¶ 1, 2. At some point after the Defendants' arrival, Rockwell exited his second story bedroom window and stood on the roof of the house. Id. ¶ 21. It is undisputed that Defendant Rawlins subsequently tasered Rockwell, causing Rockwell to fall from the roof to the ground and fracture his vertebrae. Id.

Thereafter, Plaintiffs Rockwell and Holden retained counsel in order to file a civil rights lawsuit. Id. ¶ 27. In order to identify the officers involved in the incident, Plaintiffs requested the police report and other statements pertaining to the incident. Id. ¶ 29. Despite Plaintiffs' repeated efforts, the Plaintiffs were informed on at least two occasions that the report was not available while several other attempts to obtain information were simply denied. Id. ¶¶ 29-38. Ultimately, Plaintiff was able to obtain the information after filing a suit against the Government Defendants, seeking production of the documents and information. Id. ¶ 43.

Thereafter, Plaintiff filed an action in the Circuit Court for Baltimore City asserting a variety of federal and state claims for money damages against Defendants and the Baltimore City Police Department ("BPD) (ECF No. 2). Specifically, the Complaint alleged assault (Count I), battery (Count II), false arrest (Count III), false imprisonment (Count IV), intentional infliction of emotional distress (Count V), negligence (Count VI), gross negligence (Count VII), negligent hiring, retaining, training, and supervision (Count VIII), civil conspiracy (Count IX), violations of Articles 24 and 26 of the Maryland Declaration ofRights (Counts X and XI), and federal claims under the Fourth and Fourteenth Amendments and 42 U.S.C. §§ 1983, 1985, and 1986 (Count XII). Zilka's Motion to Dismiss (ECF No. 8), as well as the original Plaintiff's Response brief (ECF No. 10), were filed in the state court. Thereafter, the Defendants removed the action to this Court pursuant 28 U.S.C. § 1446 and 28 U.S.C. § 1331, and the Detectives (Rawlins and Manning), Officer Coffield, and the Baltimore Police Department filed separate motions to dismiss (ECF Nos. 21, 22, and 31 respectively). Plaintiff filed a consolidated Response to the Motions of Zilka, the Detectives, and Coffield (ECF No. 40). Plaintiff also filed a separate Response brief to the BPD's motion (ECF No. 43). In addition, this Court held a motions hearing on February 27, 2013.

At the hearing, all parties agreed that, upon arrival at the Plaintiffs' home, Officers Zilka and Coffield remained outside of the home while Detective Rawlins entered the home.² The parties also agreed that Detective Rawlins was the officer who tased Rockwell. During the hearing, Plaintiffs agreed to dismiss numerous counts including the false arrest, false imprisonment , and negligence claims.³ The Counts that remain are claims against Rawlins for assault and battery (Count I and II), intentional infliction of emotional distress(Count V), gross negligence (Count VII), civil conspiracy (Count IX), Maryland Declaration of Rights claims (Count X and XI), and violations of the Fourth and Fourteenth Amendment and 42 U.S.C. § 1983, 1985, and 1986 (Count XII); claims against Zilka, Coffield, and Manning for state and federal conspiracies (Counts IX, X, XII); and claims against the BPD for negligent hiring, retaining, training, and supervision (Count VIII), civil conspiracy (Count IX), violations of the Maryland Declaration of Rights (Counts X and XI), and federal conspiracies (Count XII).

STANDARD OF REVIEW

Defendants Baltimore City Police Department, Officer Zilka, and Officer Coffield move this Court to dismiss Plaintiffs' claims or, in the alternative, enter summary judgment.

A motion of this type implicates the Court's discretion under Rule 12(d) of the Federal Rules of Civil Procedure. See Kensington Vol. Fire Dept., Inc. v. Montgomery County, 788 F.Supp.2d 431, 436-37 (D. Md. 2011). Ordinarily, a court "is not to consider matters outside the pleadings or resolve factual disputes when ruling on a motion to dismiss." Bosiger v. U.S. Airways, 510 F.3d 442, 450 (4th Cir. 2007). However, under Rule 12(b)(6), a court, in its discretion, may consider matters outside of the pleadings, pursuant to Rule 12(d). If the court does so, "the motion must be treated as one for summary judgment under Rule 56," but "[a]ll parties must be given a reasonable opportunity to present all the material that is pertinent to the motion." Fed. R, Civ. P. 12(d). When the movant expressly captions its motion "in the alternative" as one for summary judgment, and submits matters outside the pleadings for the court's consideration, the parties are deemed to be on notice that conversion under Rule 12(d) may occur; the court "does not have an obligation to notifyparties of the obvious." Laughlin v. Metro. Wash. Airports Auth., 149 F.3d 253, 261 (4th Cir. 1998).

A district judge has "complete discretion to determine whether or not to accept the submission of any material beyond the pleadings that is offered in conjunction with a Rule 12(b)(6) motion and rely on it, thereby converting the motion, or to reject it or simply not consider it." 5 C WRIGHT & MILLER, FEDERAL PRACTICE & PROCEDURE § 1366, at 159 (3d ed.2004, 2011 Supp.). This discretion "should be exercised with great caution and attention to the parties procedural rights." Id. at 149. In general, courts are guided by whether consideration of extraneous material "is likely to facilitate the disposition of the action," and "whether discovery prior to the utilization of the summary judgment procedure" is necessary. Id. at 165-67.

Ordinarily, summary judgment is inappropriate "where the parties have not had an opportunity for reasonable discovery." E.I. de Nemours & Co. v. Kolon Industries, Inc., 637 F.3d 435, 448 (4th Cir.2011). However, "the party opposing summary judgment 'cannot complain that summary judgment was granted without discovery unless that party has made an attempt to oppose the motion on the grounds that more time was needed for discovery.'" Harrods Ltd. v. Sixty Internet Domain Names, 302 F.3d 214, 244 (4th Cir.2002) (quoting Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 961 (4th Cir.1996)). Generally, to raise adequately the issue that discovery is needed, the party opposing the motion must file an affidavit or declaration pursuant to Rule 56(d) (formerly Rule 56(f)), explaining why, "for specified reasons, it cannot present facts essential to justify its opposition," without needed discovery.Fed.R.Civ.P. 56(d); see Harrods, 302 F.3d at 244-45 (discussing affidavit requirement of former Rule 56(f)).

In this case, the Baltimore Police Department has urged this Court to convert the Motions and enter judgment against Plaintiffs due to Plaintiffs' purported failure to comply with the requirements of a Rule 56(d) affidavit. See BPD's Reply 3-6, ECF No....