Strickland v. Carroll Cnty.

• Decision Date: 07 February 2012
• Docket Number: Civil Action No.: ELH-11-00622
• Parties: MARK STRICKLAND, Plaintiff, v. CARROLL COUNTY, MARYLAND et al., Defendants.
• Court: U.S. District Court — District of Maryland

MARK STRICKLAND, Plaintiff,

v.CARROLL COUNTY, MARYLAND et al., Defendants.

Civil Action No.: ELH-11-00622

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Dated: February 7, 2012

MEMORANDUM OPINION

Plaintiff Mark Strickland, who is self represented, filed suit¹ against the State of Maryland (the "State"); Carroll County, Maryland ("Carroll County" or the "County"); Carroll County Sheriff Kenneth Tregoning; Carroll County Deputy Sheriff Jeffrey Miller; the Carroll County State's Attorney's Office ("SAO" or "Carroll County SAO"); Carroll County State's Attorney Jerry Barnes; and several individual members of the Carroll County SAO: Allan Culver, Esquire; David Daggett, Esquire; Maria Oesterreicher, Esquire; and Arian Noma, Esquire.² The forty-six page Complaint contains twenty-four counts, relating to civil rights violations allegedly committed against Strickland.

Plaintiff seeks compensatory and punitive damages in excess of $2 billion, plus interest and costs. Complaint at page 41 ¶ 1 to page 46 ¶ 24. He also seeks "a preliminary and permanent injunction...preventing Defendants from further depriving Plaintiffs of their rightsunder the Constitution and laws of the United States and the State of Maryland," id. at 46 ¶ 25, and asks for "declaratory relief as to the party's [sic] respective rights and duties," id. at 46 ¶ 26, plus "all attorney and/or personal fees plus costs and such other and further relief as the Court may deem just and proper." Id. at 46 ¶ 27.

The SAO defendants and the State (collectively, the "State defendants") jointly filed a "Motion To Dismiss First Amended Complaint Or, In The Alternative, For Summary Judgment" ("State Motion," ECF 48), as well as a supporting memorandum ("State Memo," ECF 48-1).³ In response, plaintiff filed his own motion for summary judgment (ECF 53), a "Motion In Opposition To State Defendants [sic] Motion To Dismiss Or In The Alternative, Summary Judgment" (ECF 55), and a supportive memorandum ("Opposition to State," ECF 55-1).⁴ The State defendants subsequently replied and opposed plaintiff's summary judgment motion ("StateReply," ECF 59).⁵ Thereafter, plaintiff filed "Plaintiff's Reply to Defendant's [sic] Reply" ("Surreply to State," ECF 60).

Tregoning and Miller jointly filed a "Motion To Dismiss The Amended Complaint Or, Alternatively, For Summary Judgment" ("Sheriffs' Motion," ECF 66), as well as a supporting memorandum ("Sheriffs' Memo," ECF 66-1).⁶ In response, plaintiff filed a motion for summary judgment (ECF 71), an opposition to the Sheriffs' Motion (ECF 70), and a supporting memorandum ("Opposition to Sheriffs," ECF 70-1). After Tregoning and Miller replied ("Sheriffs' Reply," ECF 73), plaintiff filed a "Reply To Defendants Tregoning and Miller's Opposition To Plaintiff's Motion For Summer Judgment" ("Surreply to Sheriffs," ECF 76).

Carroll County filed a "Motion To Dismiss The Amended Complaint Or, Alternatively, For Summary Judgment" ("County Motion," ECF 65), as well as a supporting memorandum ("County Memo," ECF 65-1).⁷ In response, plaintiff filed an opposition (ECF 68), a supporting memorandum ("Opposition to County," ECF 68-1),⁸ and a motion for summary judgment (ECF 69). The County replied and opposed plaintiff's summary judgment motion ("County Reply," ECF 72). Thereafter, plaintiff filed his "Reply To Defendant Carroll County, MD Opposition ToPlaintiff's Motion For Summer Judgment" ("Surreply to County," ECF 75).⁹

The issues have been fully briefed, and the Court now rules pursuant to Local Rule 105.6, as no hearing is necessary.

Factual Background¹⁰

Plaintiff, an African American male, is the owner of IT-1 Consulting, Incorporated. Complaint ¶¶ 1-2. He was previously involved in a relationship with a Caucasian female, Angela Schwartz. Id. ¶ 18. Schwartz subsequently became involved with a Caucasian male, John Jeskey, Jr. Id. ¶ 20. The facts underlying plaintiff's claims spring largely from the tangled interactions of plaintiff, Jeskey, and Schwartz, and were also the subject of litigation initiated by plaintiff in the Circuit Court for Carroll County, Maryland in April 2010 ("State litigation").

On February 1, 2009, Strickland allegedly assaulted Schwartz. Id. ¶ 27. She sustained a lesion to her chin. Id. ¶ 33. Plaintiff took Schwartz to the hospital on the evening of February 1, 2009, claiming she "had fallen down his balcony steps while intoxicated [and] was high on drugs."¹¹ Id. ¶ 31. In March 2009, Schwartz "filed for and received a Temporary Protective Order against the Plaintiff in the District Court for Carroll County." Id. ¶ 18.

Plaintiff alleges that in March 2009 his then fifteen year old daughter "skip[ped] school"to be with Schwartz and Jeskey, "without the knowledge or permission of either parent." Id.¹² Plaintiff also complains that Jeskey became "friends" with plaintiff's daughter on MySpace, a social networking website. Id. ¶ 21. "[O]ut of concern for his daughter's well being," id., Strickland "began to research the background of Jeskey." Id. He learned that Jeskey's MySpace profile featured nudity and "racist innuendo," id., and that Jeskey "was a dealer of cocaine and other illegal drugs." Id. ¶ 22. Therefore, plaintiff asked Jeskey to "refrain from speaking/associating" with his daughter. Id. ¶ 23. However, Jeskey refused, and used a racial epithet and profanity in that conversation. Id. ¶ 24. Plaintiff "then informed Jeskey that he was aware of his illegal activities and if he did not stop corresponding with plaintiff's daughter, plaintiff would inform the police." Id. Plaintiff did so on or about May 28, 2009. Id. ¶ 26.

In June 2009, shortly after plaintiff informed the police about Jeskey's illegal drug activities, Schwartz filed criminal charges against plaintiff as to his alleged assault of February 1, 2009. Id. ¶ 27. As a result, plaintiff was arrested in July 2009, while on business at the National Security Agency ("NSA") in Fort Meade, Maryland. Id. ¶ 28. Plaintiff claims that, as a result of the arrest, his NSA badge was seized and his business relationship with NSA was terminated. Id. ¶ 29. According to plaintiff, Schwartz "continually fil[ed] baseless charges against him—done in an effort to have plaintiff's [Department of Defense] Top Secret Security Clearance revoked, in retaliation" for his having reported Jeskey's "illegal drug activity." Id. ¶ 62.

In August 2009, Oesterreicher, the assistant state's attorney to whom the assault case was assigned, subpoenaed Schwartz's medical records of February 1, 2009. Id. ¶ 36. However, Oesterreicher asked the hospital to redact "any medical history regarding alcohol or drug abuse,or mental instabilities." Id.¹³ Schwartz testified at a preliminary hearing in September 2009. Id. ¶ 35. She recalled that, on the night of February 1, 2009, plaintiff choked her until she became unconscious and kicked her in the ribs. Id.

Also in August 2009, Schwartz filed an action with the district court commissioner, alleging that plaintiff had violated the temporary protective order "by calling her residence and a cellular telephone owned by John Jeskey." Id. ¶ 39. Schwartz also alleged that plaintiff "sent Internet links to nude pictures of Schwartz, to Jeskey via text messages," id. ¶ 41, and that plaintiff "fraudulently opened a website in the name of Schwartz." Id. ¶ 42.

On August 19, 2009, "SA Oesterreicher filed criminal charges against the plaintiff in the District Court for Carroll County." Id. ¶ 40.¹⁴ Records later showed that the text messages had not been sent from plaintiff's phone. Id. ¶¶ 45-46. Moreover, although the website on which plaintiff posted the nude images of Schwartz was called "Angiebroomall.com," Schwartz's maiden name, "Ms. Schwartz had given permission for the pictures [to be taken] and Mr. Strickland was not pretending to be her when he purchased the web site [sic]." State Motion Exh. 4 at 6. Therefore, in 2010 the charges against plaintiff were nolle prossed. Complaint ¶ 47. See also State Motion Exh. 4, Decl. of Daggett, ¶ 4.

Plaintiff asserts that he complained to the Maryland State Police and the SAO that Jeskey sent him text and audio messages containing racist pictures and messages, and that Jeskey and anunknown Caucasian male once blocked plaintiff's exit from a restaurant while whistling "Dixie." Complaint ¶ 48. According to plaintiff, in October 2009 the SAO "refused to accept" a charging document regarding these complaints. Id. He also alleges that he was "physically attacked" at a restaurant by "friends of Jeskey," who allegedly used racial epithets against him, but the "Carroll County Government refused to help the plaintiff." Id. ¶ 49.¹⁵

In October 2009, plaintiff filed charges against Jeskey "at the Carroll County Commissioner's Office," alleging that plaintiff "received numerous harassing and racist telephone calls" from him. Id. ¶ 50. Although plaintiff was instructed to appear in court to testify, id. ¶ 52, plaintiff claims that, once Daggett "noticed the plaintiff was the victim," Daggett instructed the prosecutor assigned to the case "to call and inform the plaintiff that the state would not pursue the action." Id. ¶ 53. According to plaintiff, Daggett told him "that he had no intention [of] pursuing the charges," but "would not provide" an explanation for that decision. Id. ¶ 55. Daggett explained in his Declaration, submitted in the State litigation, that the charges filed by Strickland were nolle prossed on February 2, 2010, because "[r]ecords indicated that the harassment went both ways." State Motion Exh. 4, Decl. of Daggett ¶ 7.¹⁶ Earlier that same month, according to plaintiff, he had asked Daggett to file perjury charges against Schwartz if her allegations regarding the alleged telephone harassment proved false, but Daggett "laughed and said no." Complaint ¶ 56.

Also in October 2009, in the District Court for Carroll County, plaintiff "applied for and received a Peace Order on behalf of his minor daughter,...