Talley v. Anne Arundel Cnty.
| Docket Number | 1:21-cv-00347-JRR |
| Decision Date | 11 September 2023 |
| Parties | NIKKO TALLEY, Plaintiff, v. ANNE ARUNDEL COUNTY, MD, et al., Defendants. |
| Court | U.S. District Court — District of Maryland |
This matter comes before the court on Defendants Cpl. Jason DiPietro #1249, Sgt. Kelly M. Harding #1309 (together, the “Individual Defendants”), and Anne Arundel County, Maryland's (the “County”) Motion for Summary Judgment. (ECF No. 49; the “Motion.”) The parties' submissions have been reviewed and no hearing is necessary. Local Rule 105.6 (D. Md. 2023). For the reasons that follow, by accompanying order, the Motion will be granted.
This action arises out of the alleged malicious prosecution of Plaintiff. According to Plaintiff, on November 16, 2016, he was arrested for the murder of Trayvon Briscoe - a crime he did not commit and for which he was incarcerated for over a year while awaiting trial. (ECF No. 13, ¶ 1-2.) Plaintiff alleges that Defendants withheld evidence from judicial officers and prosecutors resulting in his prosecution. Id. ¶ 2. On January 29, 2021 Plaintiff filed his original complaint in the Circuit Court for Anne Arundel County. Defendants removed the case to this court on the basis of federal question jurisdiction under 28 U.S.C. § 1331. (ECF No. 1, ¶ 4.) On March 12, 2021 Plaintiff filed his Amended Complaint (the “Complaint”) asserting seven causes of action: 42 U.S.C. § 1983 Fourth Amendment Malicious Prosecution against the Individual Defendants (Count I); 42 U.S.C. § 1983 Fourteenth Amendment Malicious Prosecution against the Individual Defendants (Count II); Maryland Declaration of Rights Malicious Prosecution against all Defendants (Count III); Common Law Malicious Prosecution against all Defendants (Count IV); Negligent Training Supervision & Retention Resulting in Malicious Prosecution against the County and Defendant Altomare (Count V); Monell Claim for a Pattern or Practice of 4th and 14th Amendment Malicious Prosecution (Count VI) Longtin-type Claim for a Pattern or Practice of Article 24 and 26 Malicious Prosecution (Count VII). (ECF No. 13).
Defendants Harding, DiPietro, and Timothy Altomare and the County filed motions to dismiss Plaintiff's Complaint. (ECF Nos. 14 and 15.) Both motions were granted in part and denied in part by the Honorable Judge Richard Bennett of this court. (ECF No. 23.) With respect to the individual Defendants' motion (ECF No. 14), Judge Bennett dismissed all claims with prejudice against Defendant Altomare and allowed Counts I through IV to proceed against Defendants Harding and DiPietro in their individual capacities. (ECF No. 22 at 2.) With respect the motion filed by the County (ECF No. 15), Judge Bennett dismissed Counts IV-VII with prejudice and allowed Count III to proceed against the County. The parties have since engaged in discovery. Now that discovery has closed, Defendants move for summary judgment on Plaintiff's remaining claims.
On November 4, 2016, the Anne Arundel County Police Department responded to complaints of a shooting near the intersection of West Hilltop Road and Levin Road in Brooklyn Park Maryland. (Defs.' Mot., Exhibit 1-Criminal Investigation Report, ECF No. 49-2 at 2.)
Upon arrival at the scene, officers located a gunshot victim, later identified as Trayvon Briscoe; Briscoe was determined to be deceased at the scene. Id. On November 5, 2016, following an autopsy, the medical examiner ruled that Briscoe's death was homicide by gunfire. Id. Briscoe had been shot three times. Id. Three .380 caliber automatic handgun shell casings, fired from the same gun, were found at the scene of the crime. (Crim. Inv. Report at 11.)
Attorneys from the Office of the State's Attorney responded to the scene and stayed assigned to the case from the night of the homicide through the jury trial in 2018. (Defs.' Mot., Exhibit 2, Det. Daniel Myers Dep., ECF No. 49-3 253:7-254:15.) Det. Daniel Myers was the lead detective on the case and the point of contact for the State's Attorney. Id. at 254:16-18.
On the night of the shooting, several police units responded to the scene and canvassed the surrounding area for potential witnesses and suspects. (Crim. Inv. Report at 4.) Witnesses reported hearing multiple gunshots and then seeing Briscoe running some distance before he ultimately collapsed. Id. Additionally, several residents in the surrounding area reported hearing gunshots and then hearing a vehicle speed away. Id. at 5.
During the initial canvass of the scene, Cpl. Joshua Giunta #1715 had a conversation with Jordan Fisher who claimed to have witnessed the shooting. Specifically, Fisher reported that he observed someone wearing “a grey hooded sweatshirt” put a black mask over his face and proceed toward the Levin Road intersection. (Pl.'s Opp'n, Exhibit B-Cpl. Joshua Giunta Report, ECF No. 56-3 at 1.) According to Fisher, a few moments later, he heard gunshots and saw the same subject run past him carrying a silver automatic handgun in his right hand. Id. at 2. Fisher described the subject as a black male in his late teens or early 20's, approximately five feet, eight inches in height, with a medium build, and short black hair. Id. Cpl. Giunta documented his interaction with Fisher in a police report, and Fisher was released from the scene. Id.
During the investigation of the scene, officers located a residence with a surveillance camera facing the alley. (Crim. Inv. Report at 12.) The surveillance footage revealed a black male subject, later identified as Plaintiff, wearing grey clothing and a black mask running through the alley, as described by Fisher. Id.
On November 5, 2016, several detectives conducted a canvass of the residences around the general area where Briscoe was murdered. (Crim. Inv. Report at 8.) Detective Sweeney #1628 located a resident who had surveillance footage. Id. While at the residence, Det. Sweeney reviewed the surveillance, which showed a white car enter into the camera frame and pause at an intersection before driving off camera; several minutes later, three black male subjects are shown walking together for some distance until they parted ways. Id.
During the neighborhood investigation, Det. Vincent Carbonaro #1749 was inside Daddy Pa's - a convenience store and common neighborhood hangout spot. Id. While in Daddy Pa's, Det. Carbonaro noticed a subject inside the store wearing a grey hooded sweatshirt with a black piece of clothing tucked into the collar, grey sweatpants, and white shoes. (Crim. Inv. Report at 9.) Upon noticing Det. Carbonaro, the subject quickly left the store; Det. Carbonaro attempted to follow the subject but could not find him. Id. Det. Carbonaro asked a person in the parking lot of the store if he had seen the subject wearing the grey sweat suit; the person informed the detective that he had seen the subject and the subject's street name was “Pocket.” Id.
On November 7, 2016, Det. Myers and Det. Carbonaro interviewed Fisher. (Crim. Inv. Report at 10.) Based on the investigation report summary by Det. Myers, Fisher's narrative was consistent with the information he provided to Cpl. Giunta the night of the shooting. Id. Additionally, Fisher was shown a photographic lineup, which included a photo of a different suspect than Plaintiff for Briscoe's murder but did not positively identify any of the individuals in the photographs. Id.
On November 10, 2016, Plaintiff was interviewed for the first time by Defendants DiPietro and Harding. Plaintiff's mother had contacted Det. DiPietro to set up a meeting among detectives and her son; she attended the November 10 interview with Plaintiff. (Crim. Inv. Report at 12.) During the interview, Plaintiff advised detectives that on the night of the shooting he was with Briscoe; as they were walking back from Daddy Pa's, he and Briscoe noticed a black male exit a vehicle and approach them while putting a mask over his face. Id. Plaintiff further indicated that he instructed Briscoe to run when he noticed the male exit the vehicle, but Briscoe did not run; but Plaintiff ran down an alley. Plaintiff informed the detectives that once he reached the top of the alley, he turned, heard gunshots, and continued running until he reached his girlfriend's house. Id. at 13. Plaintiff claimed he did not find out Briscoe was deceased until sometime later. Id. Detectives showed Plaintiff still images of the video surveillance collected in connection with the investigation and Plaintiff identified himself as the individual in those images wearing the grey sweat suit. Id.
On November 14, 2016, Det. Myers and Det. Carbonaro submitted an Application for Search and Seizure Warrant, which was signed and issued by the Honorable Paul F. Harris, Jr., of the Circuit Court for Anne Arundel County. (Pl.'s Opp'n Exhibit S - Search and Seizure Warrant, ECF No. 56-20 at 1.) The warrant allowed detectives to search three residences, including the suspected residences of Plaintiff and Aaron Thomas; Plaintiff; Aaron Thomas; and Thomas' white Nissan. Id. The warrant also allowed for the seizure of saliva samples from both Plaintiff and Thomas; and several tangible items found at the locations to be search, including: cellular phones/electronic devices; clothing; and firearms. Id. On the same day, an order was issued allowing investigators to track Plaintiff's cell phone. (Crim Inv. Report at 14.) On November 15, 2016, Det. Myers submitted an Application for Statement of Charges to the Commissioner for the District Court against Plaintiff for the murder of Briscoe and against Aaron Thomas for firearm...
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