Case: Garcia v. Montgomery County, Maryland

8:12-cv-03592 | U.S. District Court for the District of Maryland

Filed Date: Dec. 7, 2012

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 7, 2012, a journalist filed a lawsuit in the U.S. District Court for the District of Maryland (Greenbelt) under Section 1983 against Montgomery County, Maryland. The plaintiff, represented by private counsel, sought injunctive relief and punitive and compensatory damages. He claimed that he had been falsely arrested, subject to unreasonable search and seizure, malicious prosecution, and battery. The plaintiff alleged violations of the the First, Fourth, and Fourteenth Amendments, a…

Specifically, the plaintiff claimed that while he had been peacefully observing and recording an arrest in which he thought the officers might be using excessive force from over 100 feet away, officers of the county police department had flashed him with a spotlight and instructed him to stop recording. When the officers realized that the plaintiff was recording the arrest, one of them approached him. The plaintiff identified himself as a journalist, the officer stated that he was under arrest, placed him in a choke-hold, and dragged him across the street to the police cruiser. The officers placed the plaintiff in the squad car and threatened to arrest his wife as well if she came any closer. Once they reached the police station, the plaintiff watched an officer take the battery and memory card from his camera and place it in his pocket. The plaintiff was charged with disorderly conduct. The report filed by the arresting officers showed no evidence of disorderly conduct by the plaintiff. When he was released some hours later, the memory card for his camera was not returned to him.

On August 23, 2013, Judge J. Frederick Motz granted in part the defendants' motion to dismiss some of the charges. Charges against the individual officers were dismissed, but the charges against Montgomery County itself were allowed to proceed.

On June 6, 2014, the case was reassigned to Judge Theodore David Chuang.

Discovery was contentious and continued throughout the course of 2014. On January 20, 2015, the defendants filed a motion for summary judgment. The plaintiff filed a cross motion for partial summary judgment on February 19.

On November 5, 2015, Judge Chuang issued a memorandum opinion granting in part and denying in part both motions for summary judgment. Specifically, the court granted the defendants' motion with respect to the plaintiff's claim for damages for one officer for his alleged First Amendment violation. The court, however, denied the defendants' motion with respect to the claim for declaratory relief and all other counts at issue in the motion. Additionally, the court granted the plaintiff's cross motion as to the offenses of hindering an arrest and second-degree assault only, but denied the motion in all other respects.

On June 24, 2016, the court granted the parties' partial stipulation of dismissal with prejudice of all claims except for the Privacy Protection Act claim asserted against Montgomery County.

The parties engaged in settlement discussions regarding the remaining claims. After reaching a private settlement agreement, the court granted the parties' stipulation of dismissal with prejudice of all remaining claims on March 6, 2017, except for the plaintiff's claim for attorneys' fees.

On March 22, 2018, the court granted in part and denied in part the plaintiff's motion for attorneys' fees and costs, awarding the plaintiff $283,559.25 in fees and $12,402.34 in costs. The case is now closed.

Summary Authors

Andrew Steiger (10/24/2013)

Richard Jolly (11/26/2014)

Eva Richardson (5/25/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5072396/parties/garcia-v-montgomery-county-maryland/

Judge(s)

Chuang, Theodore David (Maryland)

Attorney for Plaintiff

Austin, Roy L. (District of Columbia)

London, Ronald G (District of Columbia)

Attorney for Defendant

Frumkin, Jeannette Linda (Maryland)

Kane, Patricia L (Maryland)

Judge(s)

Chuang, Theodore David (Maryland)

Motz, J. Frederick (Maryland)

Ogletree, Rashida J (District of Columbia)

Schulze, Jillyn K. (Maryland)

Attorney for Plaintiff

Austin, Roy L. (District of Columbia)

London, Ronald G (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Revere, Robert Corn (District of Columbia)

Schary, Alison Brooke (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Trepel, Samantha Kay (District of Columbia)

Attorney for Defendant

Frumkin, Jeannette Linda (Maryland)

Kane, Patricia L (Maryland)

Tang, Rosalyn (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

8:12-cv-03592	Docket [PACER]	April 26, 2018	April 26, 2018 Docket
1 8:12-cv-03592	Complaint Garcia v. Montgomery County	Dec. 7, 2012	Dec. 7, 2012 Complaint
15 8:12-cv-03592	Statement of Interest of the United States Garcia v. Montgomery County	March 4, 2013	March 4, 2013 Statement of Interest (DOJ)
21 8:12-cv-03592	Order Granting in Part and Denying in Part Motion to Dismiss Garcia v. Montgomery County	Aug. 23, 2013	Aug. 23, 2013 Order/Opinion
71 8:12-cv-03592	Memorandum Opinion	Nov. 5, 2015	Nov. 5, 2015 Order/Opinion 145 F.Supp.3d 492
106 8:12-cv-03592	Memorandum Opinion	March 22, 2018	March 22, 2018 Order/Opinion 2018 WL 1441189

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5072396/garcia-v-montgomery-county-maryland/

Last updated March 28, 2026, 5:50 a.m.

ECF Number	Date	Description	Link
1	Dec. 7, 2012	COMPLAINT against Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor ( Filing fee $ 350 receipt number 0416-3835436.), filed by Mannie Garcia. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(London, Ronald) (Entered: 12/07/2012) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER	RECAP
2	Dec. 7, 2012	MOTION to Appear Pro Hac Vice for Robert Corn-Revere ( Filing fee $ 50, receipt number 0416-3836045.) by Mannie Garcia (London, Ronald) (Entered: 12/07/2012)	RECAP
3	Dec. 7, 2012	Summons Issued 21 days as to Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland and Mark Sheelor. (sls, Deputy Clerk) (Entered: 12/07/2012)	RECAP
	Dec. 7, 2012	Judge J. Frederick Motz added. (rss, Deputy Clerk)
	Dec. 7, 2012	Add and Terminate Judges
4	Dec. 10, 2012	PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice for attorney Robert Corn Revere on behalf of Mannie Garcia. Directing attorney Robert Corn Revere to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 12/10/12. (cmns, Deputy Clerk) (Entered: 12/10/2012)	RECAP
5	Jan. 10, 2013	Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. Responses due by 1/28/2013 (Kane, Patricia) (Entered: 01/10/2013)	RECAP
6	Jan. 11, 2013	SUMMONS Returned Executed by Mannie Garcia. All Defendants. (Corn Revere, Robert) (Entered: 01/11/2013)	RECAP
7	Jan. 15, 2013	Paperless ORDER granting 5 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 1/15/13. (Motz, J.) (Entered: 01/15/2013)	RECAP
8	Jan. 31, 2013	MOTION to Dismiss for Failure to State a Claim by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor Responses due by 2/19/2013 (Attachments: # 1 Exhibit, # 2 Exhibit)(Kane, Patricia) (Entered: 01/31/2013) 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
9	Feb. 1, 2013	MOTION for Extension of Time by Christopher Malouf Responses due by 2/19/2013 (Kane, Patricia) (Entered: 02/01/2013)	RECAP
10	Feb. 1, 2013	Paperless ORDER granting 9 Motion for Extension of Time. Signed by Judge J. Frederick Motz on 2/1/13. (Motz, J.) (Entered: 02/01/2013)	RECAP
11	Feb. 1, 2013	MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8 by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor Responses due by 2/19/2013 (Kane, Patricia) (Entered: 02/01/2013)	RECAP
12	Feb. 6, 2013	Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8, 8 MOTION to Dismiss for Failure to State a Claim by Mannie Garcia Responses due by 2/25/2013 (Corn Revere, Robert) (Entered: 02/06/2013)	RECAP
13	Feb. 8, 2013	Paperless ORDER granting 12 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 2/8/13. (Motz, J.) (Entered: 02/08/2013)	RECAP
14	Feb. 8, 2013	ANSWER to 1 Complaint, Counts III,VI, VII and VIII by Christopher Malouf.(Kane, Patricia) (Entered: 02/08/2013)	RECAP
15	March 4, 2013	NOTICE by UNITED STATES OF AMERICA Statement of Interest (Attachments: # 1 Exhibit Statement of Interest of the United States, Sharp v. Baltimore City Police Dept., et al., No. 1:11-cv-02888, # 2 Exhibit Letter from Jonathan M. Smith to Mark H. Grimes and Mary E. Borja (BPD Letter))(Ogletree, Rashida) (Entered: 03/04/2013) 1 Exhibit Statement of Interest of the United States, Sharp v. Baltimore City Poli View on PACER 2 Exhibit Letter from Jonathan M. Smith to Mark H. Grimes and Mary E. Borja (BPD L View on PACER	RECAP
16	March 5, 2013	RESPONSE in Opposition re 11 MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8 filed by Mannie Garcia. Replies due by 3/22/2013. (Corn Revere, Robert) (Entered: 03/05/2013)	RECAP
17	March 20, 2013	Consent MOTION for Extension of Time to File Response/Reply as to 16 Response in Opposition to Motion Consent Motion for Extension of Time to Respond to Plaintiff's Opposition to Defendants' Amended Motion to Dismiss/Partially Dismiss Counts I to VII of Plaintiff's Complaint and for Other Relief by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor Responses due by 4/8/2013 (Kane, Patricia) (Entered: 03/20/2013)	RECAP
18	March 20, 2013	Paperless ORDER granting 17 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 3/20/13. (Motz, J.) (Entered: 03/20/2013)	RECAP
19	April 4, 2013	REPLY to Response to Motion re 11 MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8, 8 MOTION to Dismiss for Failure to State a Claim filed by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. (Kane, Patricia) (Entered: 04/04/2013)	RECAP
20	Aug. 23, 2013	MEMORANDUM. Signed by Judge J. Frederick Motz on 8/23/13. (bmhs, Deputy Clerk)	RECAP
21	Aug. 23, 2013	ORDER granting in part and denying in part 11 Defendants' Amended Motion to Dismiss Counts I through VII of Plaintiffs Complaint. Signed by Judge J. Frederick Motz on 8/23/13. (bmhs, Deputy Clerk) (Entered: 08/26/2013)	RECAP
22	Aug. 26, 2013	Correspondence setting scheduling conference. (Attachments: # 1 tentative scheduling order, # 2 discovery call in hour letter)(Motz, J.) (Entered: 08/26/2013) 1 tentative scheduling order View on PACER 2 discovery call in hour letter View on PACER	RECAP
23	Sept. 9, 2013	Consent MOTION for Extension of Time to Answer by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland Responses due by 9/26/2013 (Kane, Patricia) (Entered: 09/09/2013)	RECAP
24	Sept. 10, 2013	Paperless ORDER granting 23 Motion for Extension of Time. Signed by Judge J. Frederick Motz on 9/10/13. (Motz, J.) (Entered: 09/10/2013)	RECAP
25	Sept. 13, 2013	Defendant Montgomery County's ANSWER to 1 Complaint, Count V of Plaintiff's Complaint by Montgomery County, Maryland.(Kane, Patricia) (Entered: 09/13/2013)	RECAP
26	Sept. 13, 2013	Defendant Detective Malouf's and Baxter's ANSWER to 1 Complaint, to Counts I and II of Plaintiff's Complaint by Kevin Baxter, Christopher Malouf.(Kane, Patricia) (Entered: 09/13/2013)	RECAP
27	Sept. 20, 2013	SCHEDULING ORDER: Status Report due by 4/18/2014. Signed by Judge J. Frederick Motz on 9/20/13. (bmhs, Deputy Clerk) (Entered: 09/20/2013)	RECAP
	Sept. 20, 2013	Scheduling Conference held on 9/20/2013 before Judge J. Frederick Motz. (Court Reporter: None) (mds, Deputy Clerk)
	Sept. 20, 2013	Scheduling Conference
28	Feb. 18, 2014	NOTICE of Appearance by Rosalyn Tang on behalf of Kevin Baxter, Christopher Malouf, Thomas Manger, Montgomery County, Maryland (Tang, Rosalyn) (Entered: 02/18/2014)	RECAP
29	March 18, 2014	Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Mannie Garcia Responses due by 4/4/2014 (Attachments: # 1 Text of Proposed Order)(Corn Revere, Robert) (Entered: 03/18/2014) 1 Text of Proposed Order View on PACER	RECAP
30	March 19, 2014	Paperless ORDER granting 29 Motion for Extension of Time to Complete Discovery. Signed by Judge J. Frederick Motz on 3/19/2014. (Motz, J.) (Entered: 03/19/2014)	RECAP
31	March 19, 2014	NOTICE of Appearance by Alison B Schary on behalf of Mannie Garcia (Schary, Alison) (Entered: 03/19/2014)	RECAP
32	April 18, 2014	MOTION to Compel & Local Rule 104.7 Certification by Mannie Garcia Responses due by 5/5/2014 (Attachments: # 1 Exhibit 1 (Plaintiff's Motion to Compel), # 2 Exhibit 2 (Defendants' Opposition to Motion to Compel), # 3 Exhibit 3 (Plaintiff's Reply in support of Motion to Compel), # 4 Certificate of Service)(London, Ronald) (Entered: 04/18/2014) 1 Exhibit 1 (Plaintiff's Motion to Compel) View on PACER 2 Exhibit 2 (Defendants' Opposition to Motion to Compel) View on PACER 3 Exhibit 3 (Plaintiff's Reply in support of Motion to Compel) View on PACER 4 Certificate of Service View on PACER	RECAP
33	June 4, 2014	MEMORANDUM to Counsel. Signed by Judge J. Frederick Motz on 6/3/14. (bmhs, Deputy Clerk) (Entered: 06/04/2014)	RECAP
	June 6, 2014	Case reassigned to Judge Theodore David Chuang. Judge J. Frederick Motz no longer assigned to the case. (cags, Deputy Clerk)
	June 6, 2014	Case Assigned/Reassigned
34	June 11, 2014	NOTICE by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor re 33 Memorandum to Parties Defendants' Response to Court's Memo to Counsel (Kane, Patricia) (Entered: 06/11/2014)	RECAP
35	June 13, 2014	Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Mannie Garcia Responses due by 6/30/2014 (Attachments: # 1 Text of Proposed Order)(London, Ronald) (Entered: 06/13/2014) 1 Text of Proposed Order View on PACER	RECAP
36	June 16, 2014	ORDER GRANTING 35 Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions. Signed by Judge Theodore D. Chuang on 6/16/2014. (rss, Deputy Clerk) (Entered: 06/16/2014)	RECAP
37	June 16, 2014	MOTION for Reconsideration re 33 Memorandum to Parties by Mannie Garcia Responses due by 7/3/2014 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(London, Ronald) (Entered: 06/16/2014) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	RECAP
38	June 30, 2014	RESPONSE in Opposition re 37 MOTION for Reconsideration re 33 Memorandum to Parties Opposition to Plaintiff's Motion for Reconsideration of Court's June 3, 2014, Memo to Counsel Regarding Plaintiff's Motion to Compel filed by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. Replies due by 7/17/2014. (Kane, Patricia) (Entered: 06/30/2014)	RECAP
39	July 2, 2014	REPLY to Response to Motion re 37 MOTION for Reconsideration re 33 Memorandum to Parties filed by Mannie Garcia. (London, Ronald) (Entered: 07/02/2014)	RECAP
40	July 17, 2014	MOTION to Compel Deposition Testimony and for Clarification of Bifurcation by Mannie Garcia Responses due by 8/4/2014 (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Text of Proposed Order)(Corn Revere, Robert) (Entered: 07/17/2014) 1 Appendix A View on PACER 2 Appendix B View on PACER 3 Text of Proposed Order View on PACER	RECAP
41	July 30, 2014	RESPONSE in Opposition re 40 MOTION to Compel Deposition Testimony and for Clarification of Bifurcation filed by Kevin Baxter, Christopher Malouf, Thomas Manger, Montgomery County, Maryland. Replies due by 8/18/2014. (Kane, Patricia) (Entered: 07/30/2014)	RECAP
42	Aug. 6, 2014	REPLY to Response to Motion re 40 MOTION to Compel Deposition Testimony and for Clarification of Bifurcation filed by Mannie Garcia. (Attachments: # 1 Appendix C, # 2 Appendix D, # 3 Appendix E, # 4 Appendix F, # 5 Appendix G, # 6 Appendix H, # 7 Appendix I, # 8 Appendix J)(Corn Revere, Robert) (Entered: 08/06/2014) 1 Appendix C View on PACER 2 Appendix D View on PACER 3 Appendix E View on PACER 4 Appendix F View on PACER 5 Appendix G View on PACER 6 Appendix H View on PACER 7 Appendix I View on PACER 8 Appendix J View on PACER	RECAP
43	Aug. 13, 2014	MOTION for Extension of Time to Complete Discovery and to Amend June 16, 2014 Scheduling Order by Mannie Garcia Responses due by 9/2/2014 (Attachments: # 1 Text of Proposed Order)(London, Ronald) (Entered: 08/13/2014) 1 Text of Proposed Order View on PACER	RECAP
44	Aug. 15, 2014	Status Report Submitted by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland (Kane, Patricia) (Entered: 08/15/2014)	RECAP
45	Aug. 22, 2014	MOTION to Strike Material Changes to the Deposition Testimony of Defendant Kevin Baxter by Mannie Garcia Responses due by 9/8/2014 (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Strike, # 2 Exhibit 1 to Memorandum of Points and Authorities, # 3 Exhibit 2 to Memorandum of Points and Authorities, # 4 Text of Proposed Order)(London, Ronald) (Entered: 08/22/2014) 1 Memorandum of Points and Authorities in Support of Motion to Strike View on PACER 2 Exhibit 1 to Memorandum of Points and Authorities View on PACER 3 Exhibit 2 to Memorandum of Points and Authorities View on PACER 4 Text of Proposed Order View on PACER	RECAP
46	Aug. 28, 2014	ORDER DENYING 37 Motion for Reconsideration re 33 Memorandum to Parties ; GRANTING IN PART 40 Motion to Compel Deposition Testimony and for Clarification of Bifurcation; REFERRING all further discovery disputes to a United States Magistrate Judge for disposition as to 40 Motion to Compel Deposition Testimony, 43 Motion for an Extension of Time to Complete Discovery, 45 Motion to Strike Material Changes. Signed by Judge Theodore D. Chuang on 8/27/2014. (rss, Deputy Clerk) (Entered: 08/28/2014)	RECAP
47	Aug. 29, 2014	ORDER REFERRING CASE to Magistrate Judge Jillyn K Schulze for discovery. Signed by Judge Theodore D. Chuang on August 29, 2014. (kdm, Chambers) (Entered: 08/29/2014)	RECAP
48	Aug. 29, 2014	RESPONSE in Opposition re 43 MOTION for Extension of Time to Complete Discovery and to Amend June 16, 2014 Scheduling Order Defendants' Opposition to Plaintiff's Motion for An Extension of Time to Complete Discovery filed by Kevin Baxter, Michael Graves. Replies due by 9/15/2014. (Kane, Patricia) (Entered: 08/29/2014)	RECAP
49	Sept. 2, 2014	REPLY to Response to Motion re 43 MOTION for Extension of Time to Complete Discovery and to Amend June 16, 2014 Scheduling Order filed by Mannie Garcia. (London, Ronald) (Entered: 09/02/2014)	RECAP
50	Sept. 5, 2014	RESPONSE in Opposition re 45 MOTION to Strike Material Changes to the Deposition Testimony of Defendant Kevin Baxter filed by Kevin Baxter, Christopher Malouf. Replies due by 9/22/2014. (Attachments: # 1 Exhibit)(Kane, Patricia) (Entered: 09/05/2014) 1 Exhibit View on PACER	RECAP
51	Sept. 9, 2014	REPLY to Response to Motion re 45 MOTION to Strike Material Changes to the Deposition Testimony of Defendant Kevin Baxter filed by Mannie Garcia. (Attachments: # 1 Exhibit A)(London, Ronald) (Entered: 09/09/2014) 1 Exhibit A View on PACER	RECAP
52	Sept. 26, 2014	PAPERLESS ORDER denying 32 Motion to Compel for the reasons set forth in Judge Motz's Memorandum to Counsel (ECF No. 33) and the Court's August 28, 2014 Order (ECF No. 46). Signed by Judge Theodore D. Chuang on 9/26/14. (Chuang, Theodore) (Entered: 09/26/2014)	RECAP
53	Oct. 2, 2014	NOTICE by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland Line Withdrawing Appearance of Rosalyn Tang (Kane, Patricia) (Entered: 10/02/2014)	RECAP
54	Oct. 2, 2014	PAPERLESS ORDER Approving 53 Line Withdrawing Appearance of Rosalyn Tang, as co-counsel for Defendants' Montgomery County, Officer Christopher Malouf, and Officer Kevin Baxter. Signed by Judge Theodore D. Chuang on 10/02/2014. (Chuang, Theodore) Modified on 10/2/2014 (jf2s, Deputy Clerk). (Entered: 10/02/2014)	RECAP
55	Oct. 2, 2014	Consent MOTION Defendants' Consent Motion for Relief Under Federal Rule of Civil Procedure 36(b) by Kevin Baxter, Christopher Malouf Responses due by 10/20/2014 (Kane, Patricia) (Entered: 10/02/2014)	RECAP
56	Oct. 3, 2014	Joint MOTION for Extension of Time to File Dispositive Pretrial Motions by Mannie Garcia Responses due by 10/20/2014 (Attachments: # 1 Text of Proposed Order)(Corn Revere, Robert) (Entered: 10/03/2014) 1 Text of Proposed Order View on PACER	RECAP
57	Oct. 6, 2014	Paperless ORDER granting 55 Consent Motion to withdraw admissions, for reasons stated in the motion; granting 56 Motion for Extension of Time until 30 days after the completion of all discovery to file dispositive motions.. Signed by Magistrate Judge Jillyn K Schulze on 10/6/14. (Schulze, Jillyn) (Entered: 10/06/2014)	RECAP
58	Oct. 7, 2014	ORDER scheduling a telephone motions hearing for November 17, 2014 at 2:00 p.m. Signed by Magistrate Judge Jillyn K Schulze on 10/6/14. (jf2s, Deputy Clerk) (Entered: 10/07/2014)	RECAP
59	Nov. 17, 2014	Paperless ORDER documenting rulings made at hearing of November 17, 2014. For reasons stated on the record, 43 Plaintiff's Motion for Extension of Time to Complete Discovery, is granted in part and denied in part. Plaintiff may, within 30 days, reopen the Sheelor deposition for the limited purpose of inquiring regarding his investigation into the handling of the camera and memory card at issue, and whether such handling comported with Department policy. 45 Plaintiff's Motion to Strike Material Changes to Deposition Testimony is granted in full. All discovery related to these rulings must be completed within 30 days. Phase one of this bifurcated discovery is otherwise concluded. Signed by Magistrate Judge Jillyn K Schulze on 11/17/2014. (Schulze, Jillyn) (Entered: 11/17/2014)	RECAP
	Nov. 17, 2014	Telephone Conference held on 11/17/2014 before Magistrate Judge Jillyn K Schulze. (Fosbrook 3A FTR.) (pkfs, Deputy Clerk)
	Nov. 17, 2014	Telephone Conference
	Jan. 7, 2015	Magistrate Judge Jillyn K Schulze no longer assigned to case. (aos, Deputy Clerk)
	Jan. 7, 2015	Add and Terminate Judges
60	Jan. 8, 2015	PAPERLESS ORDER instructing the parties to submit a status report by Tuesday, January 13, 2015 that identifies whether any party plans to submit a dispositive motion. Note that in accordance with the October 6, 2014 and November 17, 2014 paperless Orders (ECF Nos. 57 and 59), the dispositive motions deadline is January 20, 2015. Signed by Judge Theodore D. Chuang on 1/8/2015. (Chuang, Theodore) (Entered: 01/08/2015)	RECAP
61	Jan. 9, 2015	STATUS REPORT Joint Status Report by Kevin Baxter, Christopher Malouf. (Kane, Patricia) (Entered: 01/09/2015)	RECAP
62	Jan. 20, 2015	MOTION for Summary Judgment Defendants' Motion for Summary Judgment by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland. Responses due by 2/6/2015 (Attachments: # 1 Table of Contents, # 2 Supplement Memo P&A Support MSJ, # 3 Exhibit List, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3A-E, # 7 Exhibit Exhibit 4, # 8 Exhibit Exhibit 5, # 9 Exhibit Exhibit 6, # 10 Exhibit Exhibit 7A-C, # 11 Exhibit Exhibit 8, # 12 Exhibit Exhibit 9, # 13 Exhibit Exhibit 10, # 14 Exhibit Exhibit 11, # 15 Exhibit Exhibit 12, # 16 Exhibit Exhibit 13, # 17 Exhibit Exhibit 14, # 18 Exhibit Exhibit 15, # 19 Exhibit Exhibit 16, # 20 Exhibit Exhibit 17, # 21 Exhibit Exhibit 18, # 22 Exhibit Exhibit 19, # 23 Exhibit Exhibit 20A-E)(Kane, Patricia) (Entered: 01/20/2015) 1 Table of Contents View on PACER 2 Supplement Memo P&A Support MSJ View on PACER 3 Exhibit List View on PACER 4 Exhibit Exhibit 1 View on PACER 5 Exhibit Exhibit 2 View on PACER 6 Exhibit Exhibit 3A-E View on PACER 7 Exhibit Exhibit 4 View on PACER 8 Exhibit Exhibit 5 View on PACER 9 Exhibit Exhibit 6 View on PACER 10 Exhibit Exhibit 7A-C View on PACER 11 Exhibit Exhibit 8 View on PACER 12 Exhibit Exhibit 9 View on PACER 13 Exhibit Exhibit 10 View on PACER 14 Exhibit Exhibit 11 View on PACER 15 Exhibit Exhibit 12 View on PACER 16 Exhibit Exhibit 13 View on PACER 17 Exhibit Exhibit 14 View on PACER 18 Exhibit Exhibit 15 View on PACER 19 Exhibit Exhibit 16 View on PACER 20 Exhibit Exhibit 17 View on PACER 21 Exhibit Exhibit 18 View on PACER 22 Exhibit Exhibit 19 View on PACER 23 Exhibit Exhibit 20A-E View on PACER	RECAP
63	Feb. 19, 2015	Cross MOTION for Partial Summary Judgment by Mannie Garcia Responses due by 3/9/2015 (Attachments: # 1 Mem Points & Auth in Support and in Opp to Defs' MSJ, # 2 Decl. of R. London in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Statement of Facts)(Corn Revere, Robert) (Entered: 02/19/2015) 1 Mem Points & Auth in Support and in Opp to Defs' MSJ View on PACER 2 Decl. of R. London in Support View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Exhibit 8 View on PACER 11 Exhibit 9 View on PACER 12 Exhibit 10 View on PACER 13 Exhibit 11 View on PACER 14 Exhibit 12 View on PACER 15 Exhibit 13 View on PACER 16 Exhibit 14 View on PACER 17 Exhibit 15 View on PACER 18 Exhibit 16 View on PACER 19 Exhibit 17 View on PACER 20 Exhibit 18 View on PACER 21 Exhibit 19 View on PACER 22 Exhibit 20 View on PACER 23 Exhibit 21 View on PACER 24 Exhibit 22 View on PACER 25 Statement of Facts View on PACER	RECAP
64	March 24, 2015	RESPONSE in Opposition re 63 Cross MOTION for Partial Summary Judgment, 62 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland. Replies due by 4/10/2015. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Kane, Patricia) (Entered: 03/24/2015) 1 Supplement View on PACER 2 Supplement View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER	RECAP
65	April 23, 2015	REPLY to Response to Motion re 63 Cross MOTION for Partial Summary Judgment filed by Mannie Garcia. (Attachments: # 1 Decl. of R. London in Further Support, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28)(Corn Revere, Robert) (Entered: 04/23/2015) 1 Decl. of R. London in Further Support View on PACER 2 Exhibit 23 View on PACER 3 Exhibit 24 View on PACER 4 Exhibit 25 View on PACER 5 Exhibit 26 View on PACER 6 Exhibit 27 View on PACER 7 Exhibit 28 View on PACER	RECAP
66	May 18, 2015	NOTICE by Mannie Garcia re 65 Reply to Response to Motion, 63 Cross MOTION for Partial Summary Judgment Supplemental Authority (Corn Revere, Robert) (Entered: 05/18/2015)	RECAP
67	July 13, 2015	PAPERLESS NOTICE that a hearing is scheduled on 62 Motion for Summary Judgment and 63 Cross-Motion for Summary Judgment for Thursday, August 20, 2015 at 9:30 a.m. before Judge Theodore D. Chuang at the United States District Courthouse located at 6500 Cherrywood Lane, Greenbelt, Maryland. The specific courtroom for the hearing will be available on the Court's website, http://www.mdd.uscourts.gov/calendar/calendar.asp, the week of the proceeding. (nr, Chambers) (Entered: 07/13/2015)	RECAP
68	July 15, 2015	Joint MOTION for Extension of Time To Continue Hearing Date by Mannie Garcia Responses due by 8/3/2015 (London, Ronald) (Entered: 07/15/2015)	RECAP
69	July 16, 2015	PAPERLESS ORDER granting 68 Motion for Extension of Time. At the mutual request of the parties, the hearing on 62 Motion for Summary Judgment and 63 Cross-Motion for Summary Judgment has been rescheduled for September 9, 2015 at 9:30 a.m. before Judge Theodore D. Chuang at the United States District Courthouse located at 6500 Cherrywood Lane, Greenbelt, Maryland. The specific courtroom for the hearing will be available on the Court's website, http://www.mdd.uscourts.gov/calendar/calendar.asp, the week of the proceeding. Signed by Judge Theodore D. Chuang on 7/16/2015. (nr, Chambers) (Entered: 07/16/2015)	RECAP
70	Sept. 9, 2015	Motion Hearing held on 9/9/2015 re 62 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by Kevin Baxter, Montgomery County, Maryland, Christopher Malouf, 63 Cross MOTION for Partial Summary Judgment filed by Mannie Garcia before Judge Theodore D. Chuang. (Court Reporter: Cindy Davis-2B) (chs, Deputy Clerk) (Entered: 09/09/2015)	RECAP
71	Nov. 5, 2015	MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 11/5/2015. (bus, Deputy Clerk)	RECAP
72	Nov. 5, 2015	ORDER granting in part and denying in part 62 Defendants' Motion for Summary Judgment; granting in part and denying in part 63 Garcia's Cross-Motion for Partial Summary Judgment. Signed by Judge Theodore D. Chuang on 11/5/2015. (bus, Deputy Clerk) (Entered: 11/05/2015)	RECAP
73	Nov. 16, 2015	PAPERLESS NOTICE that a telephone status conference is scheduled for December 2, 2015 at 10:00 a.m. to set a trial date. Instructions for the call will be emailed to the parties at a later date. (nr, Chambers) (Entered: 11/16/2015)	RECAP
74	Dec. 4, 2015	PAPERLESS ORDER that, as stated at the December 2, 2015 telephone status conference, discovery on the Monell claim shall proceed. Discovery on that claim will close on April 29, 2016. Any dispositive motions as to that claim are due May 16, 2016; responses are due May 31, 2016; replies are due June 14, 2016. Signed by Judge Theodore D. Chuang on 12/4/2015. (nr, Chambers) (Entered: 12/04/2015)	RECAP
75	Dec. 24, 2015	PRETRIAL SCHEDULING ORDER setting dates for trial and pretrial submissions. Signed by Judge Theodore D. Chuang on 12/24/2015. (bus, Deputy Clerk) (Entered: 12/28/2015)	RECAP
76	April 29, 2016	Joint MOTION to Continue Joint Motion to Modify Scheduling Order and Trial Date by Kevin Baxter, Christopher Malouf, Thomas Manger, Montgomery County, Maryland Responses due by 5/16/2016 (Kane, Patricia) (Entered: 04/29/2016)	RECAP
77	May 13, 2016	PAPERLESS ORDER granting in part and denying in part 76 Motion to Continue. The Motion is granted to the extent that all the discovery deadlines are reset as proposed by the parties, and denied only as to the proposed start date for the trial, which, with the mutual consent of the parties, will be moved to October 18, 2016, rather than the proposed October 25, 2016. Should the Monell claims be part of the trial, the parties agree that if Chief Manger's testimony is taken out of order to accommodate his schedule, the jury will be informed that his absence for the start of the trial is due to his pre-existing professional obligations. Signed by Judge Theodore D. Chuang on 5/13/2016. (nr, Chambers) (Entered: 05/13/2016)	RECAP
78	June 23, 2016	STIPULATION of Dismissal Consent Partial Stiuplation of Dismissal of Montgomery County with Prejudice by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. (Kane, Patricia) (Entered: 06/23/2016)	RECAP
79	June 23, 2016	STIPULATION of Dismissal Consent Stiuplation of Dismissal of Chief Thomas Manger with Prejudice by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. (Kane, Patricia) (Entered: 06/23/2016)	RECAP
80	June 24, 2016	MARGINAL ORDER Granting 79 Consent Stipulation of Dismissal of Chief Thomas Manger with Prejudice. Signed by Judge Theodore D. Chuang on 6/24/2016. (jf3s, Deputy Clerk) (Entered: 06/24/2016)	RECAP
81	June 24, 2016	MARGINAL ORDER Granting 78 Consent Partial Stipulation of Dismissal of Montgomery County with Prejudice. Signed by Judge Theodore D. Chuang on 6/24/2016. (jf3s, Deputy Clerk) (Entered: 06/24/2016)	RECAP
82	Aug. 4, 2016	PRETRIAL SCHEDULING ORDER Setting Forth Pretrial Deadlines and a Date for a Pretrial Conference. Signed by Judge Theodore D. Chuang on 8/4/2016. (jf3s, Deputy Clerk) (Entered: 08/04/2016)	RECAP
83	Sept. 12, 2016	Consent MOTION to Postpone Trial by Mannie Garcia Responses due by 9/29/2016 (Attachments: # 1 Text of Proposed Order)(London, Ronald) (Entered: 09/12/2016) 1 Text of Proposed Order View on PACER	RECAP
84	Sept. 23, 2016	ORDER granting 83 Consent Motion to Postpone Trial. Signed by Judge Theodore D. Chuang on 9/23/2016. (jf3s, Deputy Clerk) (Entered: 09/26/2016)	RECAP
85	Oct. 4, 2016	NOTICE of Appearance by Jeannette Linda Frumkin on behalf of Kevin Baxter, Christopher Malouf, Montgomery County, Maryland (Frumkin, Jeannette) (Entered: 10/04/2016)	RECAP
86	Oct. 5, 2016	NOTICE by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland re 85 Notice of Appearance Amended Line of Appearance (Frumkin, Jeannette) (Entered: 10/05/2016)	RECAP
87	Jan. 3, 2017	ORDER REFERRING CASE to Magistrate Judge William Connelly for Settlement. Signed by Judge Theodore D. Chuang on 1/3/2017 (cags, Deputy Clerk) (Entered: 01/03/2017)	RECAP
88	Jan. 3, 2017	LETTER/ORDER to counsel scheduling a Settlement Conference for Friday, January 13, 2017 at 10:00 a.m. Signed by Magistrate Judge William Connelly on 1/3/2017. (jf3s, Deputy Clerk) (Entered: 01/03/2017)	RECAP
	Jan. 13, 2017	Settlement Conference held on 1/13/2017 with Magistrate Judge William Connelly. (Connelly, William)
	Jan. 13, 2017	Settlement Conference

show / hide docket entries

Case Details

State / Territory:

Maryland

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 7, 2012

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Journalist who was documenting an arrest in progress.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Montgomery County, Maryland

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

District of Maryland 8:12-cv-03592

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Attorneys fees

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 295961.59

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Policing:

Recommended Citation

Case Summary of Garcia v. Montgomery County, Maryland, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12827/ (last updated 5/25/2019).