Serio v. Baltimore County

• Decision Date: 20 July 2000
• Docket Number: Civil No. CCB-00-652.
• Citation: 115 F.Supp.2d 509
• Parties: Robert L. SERIO, et al. v. BALTIMORE COUNTY, et al.
• Court: U.S. District Court — District of Maryland

115 F.Supp.2d 509

Robert L. SERIO, et al. v. BALTIMORE COUNTY, et al.

Civil No. CCB-00-652.

United States District Court, D. Maryland.

July 20, 2000.

COPYRIGHT MATERIAL OMITTED

William N. Butler, Towson, MD, for Plaintiff.

James H. Cook, Cook, Howard, Downes & Tracy, Towson, MD, Jeffrey Grant Cook, Ass't County Atty., Towson, MD, for Defendant.

MEMORANDUM

BLAKE, District Judge.

This case is before the Court on a motion for summary judgment filed by the Defendant, Baltimore County ["the County"]. On July 20, 1999, the Plaintiff, Robert L. Serio, filed a complaint in Baltimore County Circuit Court, naming the County and an officer of the Baltimore County Police Department ["BCPD"], Steven Russo, as defendants. In the complaint, Serio contested the County's actions in seizing weapons from his residence while executing a search warrant, and he alleged that Russo violated his rights under Article 24 of the Maryland Declaration of Rights. The Circuit Court signed an order on July 20, 1999, requiring the BCPD to preserve the seized property. Defendants moved to dismiss the complaint on August 17, 1999, and Serio filed an opposition on September 27, 1999. Serio then amended the complaint on December 3, 1999, adding Bruce Stanski as a plaintiff on the grounds that Stanski wanted to purchase the seized weapons from Serio. Defendants moved to dismiss the amended complaint on December 21, 1999, and Plaintiffs filed an opposition on January 13, 2000.

After a motions hearing, the Circuit Court dismissed the claim against Russo, held that Stanski had no standing, and dismissed the claims against the County, though Serio was granted leave to amend his complaint. Serio filed his second amended complaint on February 18, 2000, adding a federal count, pursuant to 42 U.S.C. § 1983, for violations of his rights under the Fourth, Fifth, and Eighth Amendments to the U.S. Constitution. The County removed the case to this court on March 7, 2000, and moved for summary judgment on March 14, 2000. On April 5, 2000, Serio filed both an opposition to the County's motion and a motion for a continuance pursuant to Federal Rule 56(f). The County filed its reply on April 19, 2000, and also filed an opposition to Serio's motion for a continuance.¹ On May 22, 2000, Serio moved for leave to amend his complaint.² The County filed its opposition to the amendment on June 5, 2000. This matter has been fully briefed and no hearing is necessary. See Local Rule 105.6. For the reasons that follow, the Court will grant the County's motion, deny Serio's motions, and dismiss his claims for relief.

STANDARD OF REVIEW

Rule 56(c) of the Federal Rules of Civil Procedure provides that:

[Summary] judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

A genuine issue of material fact exists if there is sufficient evidence for a reasonable jury to return a verdict in favor of the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994). In making this determination, the evidence of the party opposing summary judgment is to be believed and all reasonable inferences drawn in her favor. See Halperin v. Abacus Tech. Corp., 128 F.3d 191, 196 (4th Cir.1997)(citing Anderson, 477 U.S. at 255, 106 S.Ct. 2505). The non-moving party may not rest upon mere allegations or denials in her pleading, however, but must set forth specific facts showing that there is a genuine issue for trial. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Allstate Fin. Corp. v. Financorp, Inc., 934 F.2d 55, 58 (4th Cir.1991). The "mere existence of a scintilla of evidence in support of the plaintiff's position" is not enough to defeat a defendant's summary judgment motion. Anderson, 477 U.S. at 252, 106 S.Ct. 2505.

BACKGROUND

In the early morning hours of October 8, 1998, the Plaintiff, Robert L. Serio, drove his Porsche 911 into a guardrail on York Road in Baltimore County. Def.'s Mot. Summ. J. ex. 1. As a result of the accident, the automobile flipped over and Serio's passenger, Stacey Corbin, was ejected from the vehicle. Id. Emergency medical personnel pronounced Corbin dead at the scene. Id. On April 13, 1999, Serio pleaded guilty to one count of manslaughter by automobile in Baltimore County Circuit Court and subsequently received a sentence of six months' incarceration. Pl.'s 2d Am. Compl. at 2. Manslaughter by automobile is a felony under Maryland law. Md. Ann.Code of 1957 Art. 27 § 388 (1996 & 1999 Supp.). Serio accordingly is prohibited by Maryland law from possessing certain firearms. Art. 27 § 445(d)(1)(ii).

One of the officers investigating the incident was Steven Russo of the BCPD. Id. At some point during the investigation, Russo allegedly learned from the Plaintiff's wife — Gina Serio — that Serio stored numerous weapons in his home. Id. at 3. The Serios were engaged in divorce litigation at the time. Id. at 2. On June 2, 1999, Russo and other BCPD officers prepared an "Application and Affidavit for Search and Seizure Warrant," which they submitted to the Baltimore County District Court. Id. at 6. Associate Judge Vicki Watts signed the warrant on June 2, 1999, finding

probable cause to believe that goods subject to seizure under the laws of the State of Maryland, dealing with Firearms in violation of Article 27, Section 445d (pertaining to prohibited persons possessing firearms), United States Code, Title 18, Section 922G (pertaining to prohibited persons with firearms), are now concealed in and upon the premises known as 1 Glen Falls Path, Sparks, MD 21152 and the person of Robert Louis Serio M/W 02/11/55 in the Cockeysville District of Baltimore County, Maryland.

Pl.'s Compl. ex. 2 (emphasis omitted). The warrant authorized the BCPD to enter and search the premises and seize "any firearms and any ammunition, boxes, receipts, or manuals relating to said firearms...." Id. That same day, Russo and other officers executed the warrant. Pl.'s 2d Amend. Compl. at 6. As a result, they seized a variety of firearms and related materials, including seven handguns, five rifles, a shotgun, a silencer, and various magazines and ammunition. Pl.'s Compl. ex. 3.

Serio filed a complaint against the County and Russo in Baltimore County Circuit Court on July 20, 1999, seeking the return of his property under Article 27, Section 551(a)-(c)³, requesting damages for any harm to the property, and alleging that Russo violated his rights under Article 24 of the Maryland Declaration of Rights. Judge Lawrence R. Daniels signed an order on July 20, 1999, requiring the BCPD to preserve the property it seized from Serio. After Serio amended the complaint to add Stanski as a plaintiff, Defendants moved to dismiss.

Judge Daniels presided over a hearing on the County's motion on February 7, 2000. Def.'s Mot. Summ. J. ex. 10 at 1. During the course of the proceedings, Judge Daniels held that Serio had constructive possession of the firearms at the time they were seized by Baltimore County. Id. ex. 10 at 31-32. At the end of the hearing, the Judge granted summary judgment to the County on the issue of possession and dismissed the case against Russo with prejudice. Id. ex. 10 at 41. In addition, Judge Daniels granted Serio leave to amend his complaint to add the "issue of excessiveness under the Eighth Amendment" and noted that "[t]he case is to go only for either a hearing or trial before the Court as to [that] issue...." Id. ex. 10 at 41-42. Finally, Judge Daniels held that Stanski lacked standing to continue as a plaintiff in the case. Id. ex. 10 at 42. An Order issued that same day recounted these holdings and stated that "the case is dismissed as to Defendant Baltimore County, subject to the Plaintiff amending the existing complaint which is to be filed within 15 days of February 7, 2000...." Pl.'s Opp'n ex. 4.

Serio then filed his second amended complaint, adding a count for violations of the Maryland Declaration of Rights, and a cause of action pursuant to 42 U.S.C. § 1983. Pl.'s 2d Compl. at 13-15. The County removed the case to this court⁴ on March 7, 2000, and filed for summary judgment one week later.

The record before the Court shows that the seized weapons remain in the possession of the BCPD, and there is no indication that the County has taken steps to dispose of them. Indeed, nothing in the record indicates that the July 20, 1999, Order for Preservation of Property signed by Judge Daniels has been altered. Furthermore, the County has not initiated a criminal prosecution against Serio for a violation of Article 27, section 445(d), or any other offense. Pl.'s 2d Compl. at 7-8. Likewise, there is no indication that Serio or the weapons have been the subject of criminal or civil forfeiture proceedings. Id. The parties agree that both Russo and Stanski have been removed from the case and that Counts I-V of the complaint have been dismissed.

ANALYSIS

Section 1983 provides that "[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured...." 42 U.S.C. § 1983 (1998). Because municipalities — such as Baltimore County — qualify as "persons" for the purposes of Section 1983, they can be liable for damages when they deprive citizens of federal rights. See Monell v. New York City Dep't of Social Services, 436 U.S. 658, 690-91, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). A municipality, however, may not be held liable simply because it employs a tortfeasor. See id.

To establish municipal liability under § 1983, ...