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Case Name Maryland State Conference of NAACP Branches v. Department of Maryland State Police PN-MD-0002
Docket / Court 98-cv-01098-JKB ( D. Md. )
State/Territory Maryland
Case Type(s) Policing
Attorney Organization ACLU Chapters (any)
Case Summary
On April 10, 1998, the Maryland State Conference of NAACP Branches ("NAACP") and eighteen individuals filed this §1983 class action lawsuit in the U.S. District Court for the District Maryland. The plaintiffs sued the Maryland State Police (MSP) and twenty-four of its officers alleging racial ... read more >
On April 10, 1998, the Maryland State Conference of NAACP Branches ("NAACP") and eighteen individuals filed this §1983 class action lawsuit in the U.S. District Court for the District Maryland. The plaintiffs sued the Maryland State Police (MSP) and twenty-four of its officers alleging racial profiling of minority motorists on Interstate 95 in Maryland. plaintiffs sought declaratory and injunctive relief, damages, and attorneys' fees.

In June 1998, an amended complaint was filed and the case was consolidated with the related case Wilkins v. Maryland State Police, Civil Case No. CCB-93-468 for discovery purposes. (See PN-MD-0003 of this collection for a summary of that case.) The plaintiffs filed a second amended complaint on October 8, 1998. The defendants responded by moving to dismiss and/or for summary judgment.

On September 30, 1999, the District Court (Judge Catherine C. Blake) granted the defendants' motion to dismiss or for summary judgment as to the plaintiffs' interstate travel claim. The District Court also dismissed the plaintiffs' claims that were based on a stop that occurred before April 10, 1995. The motion was otherwise denied. 72 F.Supp.2d 560, 569 (D.Md.1999).

On February 22, 2001, the District Court denied without prejudice the plaintiffs' motion for class certification, pending further discovery. Thereafter, the parties engaged in settlement discussions and reached an agreement in principle in March 2002 on a partial settlement.

On April 22, 2003 the parties entered into a Consent Decree, which formally resolved their claims for declaratory and injunctive relief. The Consent Decree also served to resolve the issues in the related case Wilkins v. Maryland State Police, (PN-MD-0003). The District Court entered the Consent Decree and approved the selection of Mr. Eli Silverman to serve as the MSP consultant under the decree. The settlement did not dispose of the individual plaintiffs' damage claims, nor did it bar them from renewing their motion for class action certification on damages.

On June 26, 2003, the plaintiffs advised the court that they were abandoning their class action and proceeding only on the individual damage claims. On April 15, 2004, plaintiffs moved to file a third amended complaint to add eighteen additional plaintiffs. The District Court denied the motion on statute of limitations grounds. The eighteen would-be plaintiffs filed a separate motion to reconsider but that was denied. The plaintiffs appealed. The Fourth Circuit Court of Appeals affirmed. Bridges v. Maryland Dep't of State Police, 441 F.3d 197 (4th Cir. 2006).

The defendants moved for summary judgment on the remaining individual claims. On August 10, 2006, the court (Magistrate Judge James K. Bredar) granted the plaintiffs' motion to dismiss voluntarily all claims against fifteen defendants and certain claims against others. On September 29, 2006, Judge Bredar granted in part and denied in part defendants' motion for summary judgment. Maryland Conf. of NAACP v. Maryland Dep't of State Police, 454 F.Supp.2d 339 (D.Md. 2006).

The remaining individual claims that survived summary judgment were still pending as of the date of this summary, with a status conference set for July 2007.

On October 3, 2007, Magistrate Judge James K. Bredar recused himself from the case. Two sons of the US Marshal for the District of Maryland remained as defendants in actions still to be tried in this case. All of the judges of the District of Maryland had a significant working relationship with the Marshal. As a result, the Chief Judge concluded that in order to avoid any appearance of impropriety, a judge from outside the district should be appointed to preside during the trial phase of the case. 2007 WL 2914913 (D. Md. Oct. 3, 2007).

On October 24, 2007, the case was transferred to Judge Frederick P. Stamp, Jr., of the United States District Court for the Northern District of West Virginia.

On April 3, 2008, the remaining individual plaintiffs settled the case with the defendants with the exception of one matter, which is set forth in section 6.1 of the parties’ private settlement agreement. The defendants agreed to pay $300,000 in damages and attorneys fees to the plaintiffs. The MSP agreed to hire an independent consultant to review its accomplishment of the terms of the 2003 Consent Decree and report on those findings to the plaintiffs.

The remaining issue in dispute was whether copies of complaints filed against individual Maryland State Police troopers are subject to production under the 2003 Consent Decree and, if so, whether in full or redacted form. The parties agreed to submit the matter to the court. On October 15, 2008, Judge Stamp ordered the MSP to turn over redacted copies of the complaints to the plaintiffs and dismissed the case.

Dan Dalton - 01/15/2007
Jessica Kincaid - 02/13/2016

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Issues and Causes of Action
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Constitutional Clause
Equal Protection
Content of Injunction
Discrimination Prohibition
Provide antidiscrimination training
Required disclosure
Race discrimination
Racial profiling
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Maryland State Police
Plaintiff Description All innocent minority motorists who have been since 1/1/93 or who will be in the future, illegally stopped, detained, and/or searched by Maryland state troopers along Interstate 95, without just cause and based upon their race and/or national origin.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Court Approved Settlement or Consent Decree
Private Settlement Agreement
Order Duration 2003 - 2008
Case Closing Year 2008
Case Ongoing No
Case Listing PN-MD-0003 : Wilkins v. Maryland State Police (D. Md.)
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Civil CCB-98-1098 (D. Md.) 10/15/2008
PN-MD-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Second Amended Complaint and Jury Demand 10/08/1998
PN-MD-0002-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum 09/30/1999 (72 F.Supp.2d 560) (D. Md.)
PN-MD-0002-0007 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Decree 04/22/2003
PN-MD-0002-0005 PDF | Detail
Letter Order 07/30/2003 (D. Md.)
PN-MD-0002-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Structure Proposal 08/04/2003
PN-MD-0002-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Revised Complaint and Jury Demand 01/13/2005
PN-MD-0002-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Addressing Defendants' Motion Summary Judgment 03/20/2006 (454 F.Supp.2d 339) (D. Md.)
PN-MD-0002-0008 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 08/09/2006 (D. Md.)
PN-MD-0002-0006 PDF | Detail
Settlement Agreement 04/03/2008
PN-MD-0002-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Directing Maryland State Police to Turn Over Redacted Copies of Complaints to Plaintiffs and Dismissing Complaint with Prejudice 10/15/2008 (D. Md.)
PN-MD-0002-0011 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Blake, Catherine C. (D. Md.) [Magistrate]
PN-MD-0002-0005 | PN-MD-0002-0007
Grimm, Paul William (D. Md.) [Magistrate]
PN-MD-0002-0003 | PN-MD-0002-0004 | PN-MD-0002-0008 | PN-MD-0002-9000
Stamp, Frederick Pfarr Jr. (N.D. W. Va.)
PN-MD-0002-0011 | PN-MD-0002-9000
Monitors/Masters Bredar, James Kelleher (Maryland)
Plaintiff's Lawyers Adams, Earl S. Jr. (District of Columbia)
Brown, C. Christopher (Maryland)
Caplis, Allison J. (Maryland)
Copeland, Charlton C. (Maryland)
Freeman, Andrew D. (Maryland)
PN-MD-0002-0005 | PN-MD-0002-0008 | PN-MD-0002-9000
Goldsmith, Therese M. (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Griffiths, Richard D. (Maryland)
Guy, Jonathan P. (District of Columbia)
PN-MD-0002-0001 | PN-MD-0002-0005 | PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Jaquette, Amy Collen (Washington)
Jeon, Deborah A. (Maryland)
PN-MD-0002-0001 | PN-MD-0002-0002 | PN-MD-0002-0004 | PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Lallas, Peter Christopher (District of Columbia)
PN-MD-0002-0008 | PN-MD-0002-9000
Mertens, William J. (District of Columbia)
PN-MD-0002-0001 | PN-MD-0002-0002 | PN-MD-0002-0005 | PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Nazarian, Douglas R. M. (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Oxenham, Ann M. (Maryland)
Price, Martin Alexander (District of Columbia)
PN-MD-0002-0010 | PN-MD-0002-9000
Saudek, Mark Spencer (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Schwalb, Brian Lawrence (District of Columbia)
Shuford, Reginald (New York)
PN-MD-0002-0001 | PN-MD-0002-0002 | PN-MD-0002-0005 | PN-MD-0002-0005 | PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-0010 | PN-MD-0002-9000
Squillario, Jennifer Kathryn (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Stanton, Allison Cohen (District of Columbia)
PN-MD-0002-0008 | PN-MD-0002-9000
Stoughton, Corey (New York)
PN-MD-0002-0002 | PN-MD-0002-0008 | PN-MD-0002-9000
Sullivan, Dwight H. (Maryland)
PN-MD-0002-0001 | PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Tapscott, Barbara Musfeldt (Iowa)
PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Vance, Virginia Trice (Virginia)
Wilkins, Robert Leon (District of Columbia)
Defendant's Lawyers Bechtold, Elizabeth J. (Maryland)
Borinsky, Elizabeth Marzo (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Bowen, Mark Holdsworh (Maryland)
PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Curran, John Joseph Jr. (Maryland)
PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Dove, Maureen Mullen (Maryland)
PN-MD-0002-0005 | PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Laskaris, Ioannis Aristotelis (Maryland)
McCormick, Corlie Jr. (Maryland)
Moore, David Reid (Maryland)
PN-MD-0002-0010 | PN-MD-0002-9000
Rivera, Elizabeth Bechtold (Maryland)
Sconion, Betty S. (Maryland)
Smith, Christopher Robert (Maryland)
Sullivan, Steven M. (Maryland)
PN-MD-0002-0005 | PN-MD-0002-0007 | PN-MD-0002-0008 | PN-MD-0002-9000
Tomar, David Kent (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Vandergrift, Emily Norine (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Zacharopoulos, Demetrios T. (Maryland)
PN-MD-0002-0008 | PN-MD-0002-9000
Other Lawyers None on record

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