Case: Cottman v. Baltimore Police Department

1:21-cv-00837 | U.S. District Court for the District of Maryland

Filed Date: April 1, 2021

Case Ongoing

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Case Summary

This case challenged the Baltimore Police Department (“BPD”) policy and practice of searching, seizing, retaining, and destroying the personal property of victims of violent crimes. On April 1, 2021, three plaintiffs filed this class-action lawsuit against BPD and the City of Baltimore in the U.S. District Court for the District of Maryland. Represented by the Lawyers’ Committee for Civil Rights Under Law and private counsel, the plaintiffs sued under 42 U.S.C. § 1983, alleging that BPD’s practices and policies of “unreasonably taking” personal property were unconstitutional, violating their Fourth, Fifth, and Fourteenth Amendment Due Process rights. The plaintiffs sought declaratory and injunctive relief, compensatory and punitive damages, and attorneys’ fees. The case was assigned to District Judge Stephanie A. Gallagher.

On July 8, 2021, the plaintiffs filed an amended complaint, extending the requested class of affected persons to include individuals who were successors in interest of decedents whose property had been illegally searched and seized by BPD. The amended complaint set forth eleven causes of action.

On September 21, 2021, the defendants moved to dismiss the case for failure to state a claim. Judge Gallagher granted that motion in part and denied it in part on January 13, 2022. First, she rejected the plaintiffs’ claim that BPD’s policies were facially unconstitutional, since they were “not unconstitutional in all of [their relevant] applications.” Second, she rejected the plaintiffs’ claims against the Baltimore Mayor, citing case law that BPD officers were state employees free from the City’s supervision and control, therefore shielding City officials from liability for their conduct. The court allowed the rest of the plaintiffs’ claims to proceed.

On April 1, 2022, the defendants filed a joint motion to bifurcate and stay Monell discovery. On June 9, 2022, Judge Gallagher denied the motion, holding that the facts of this case made it judicially economical to explore whether the plaintiffs’ class and Monell claims had merit before going to trial for their individual property claims.

On November 7, 2022, the defendants filed a motion to strike class allegations. On February 10, 2023, Judge Gallagher denied the motion.

On July 14, 2022, the case was referred to Magistrate Judge J. Mark Coulson for settlement; settlemend discussions proceeded over the next two years, with further litigation stayed to facilitate. On September 10, 2024, the defendants filed a stipulation of dismissal. Though the settlement is not found in the pleadings, this Baltimore Sun article reports that the settlement amount was $40,000. This amount was to be paid by the City, since on June 1, 2021, full control of BPD was transferred from the State to the City. Furthermore, this press release by the Lawyers’ Committee for Civil Rights Under Law states that as a part of the settlement terms, BPD adopted a new policy making it easier for individuals with items in police custody to retrieve them, and committed to “training, supervising, and disciplining its officers and employees to ensure they conduct[ed] searches and seizures within the confines of the law.”

As of February 24, 2025, there was no further docket activity.

Summary Authors

Spoorthi Krishnaraj (2/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59801182/parties/cottman-v-baltimore-police-department/

Judge(s)

Attorney for Plaintiff

Ago, Arthur (Maryland)

Aiken, Benjamin F (Maryland)

Carr, Ciarra Nadine (Maryland)

Epperson, Alison (Maryland)

Attorney for Defendant

Fox, Gregory Thomas (Maryland)

Judge(s)

Gallagher, Stephanie A. (Maryland)

Attorney for Plaintiff

Ago, Arthur (Maryland)

Aiken, Benjamin F (Maryland)

Carr, Ciarra Nadine (Maryland)

Epperson, Alison (Maryland)

Gasek, Jade (Maryland)

Lloret, Nicole (Maryland)

Malik, C Anne (Maryland)

Mays, Tianna Jade (Maryland)

Murphy, Ellen M (Maryland)

Olusesi, Olamide O (Maryland)

Reeder, Matthew Thomas (Maryland)

Attorney for Defendant

Fox, Gregory Thomas (Maryland)

Jeffries, Christopher C (Maryland)

Lynch, Kara K (Maryland)

Malick, Louis Paul (Maryland)

White, Christine Ellen (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:21-cv-00837	Class Action Complaint and Jury Demand	April 1, 2021	April 1, 2021 Complaint
38 1:21-cv-00837	Class Action Complaint and Jury Demand	July 8, 2021	July 8, 2021 Complaint
54 1:21-cv-00837	Memorandum Opinion	Jan. 13, 2022	Jan. 13, 2022 Order/Opinion 2022 WL 137735
74 1:21-cv-00837	Memorandum Opinion	June 9, 2022	June 9, 2022 Order/Opinion 2022 WL 2073852

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59801182/cottman-v-baltimore-police-department/

Last updated March 15, 2026, 4:31 a.m.

ECF Number	Date	Description	Link
1	April 1, 2021	COMPLAINT - Class Action against All Defendants ( Filing fee $ 402 receipt number 0416-9197346.), filed by Damon Gray, Faye Cottman, Amber Spencer. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Baltimore Police Department, # 3 Summons to Michael S. Harrison, # 4 Summons to City of Baltimore, # 5 Summons to Jeffrey A. Converse, # 6 Summons to Annmarie Dipasquale, # 7 Summons to Destinee L. Macklin, # 8 Summons to Darryl D. De Sousa, # 9 Summons to Gary Tuggle, # 10 Summons to Brandon Scott, Mayor of Baltimore)(Mays, Tianna) (Entered: 04/01/2021) 1 Civil Cover Sheet View on PACER 2 Summons to Baltimore Police Department View on PACER 3 Summons to Michael S. Harrison View on PACER 4 Summons to City of Baltimore View on PACER 5 Summons to Jeffrey A. Converse View on PACER 6 Summons to Annmarie Dipasquale View on PACER 7 Summons to Destinee L. Macklin View on PACER 8 Summons to Darryl D. De Sousa View on PACER 9 Summons to Gary Tuggle View on PACER 10 Summons to Brandon Scott, Mayor of Baltimore View on PACER	Clearinghouse
2	April 1, 2021	MOTION to Appear Pro Hac Vice for Arthur Ago (Filing fee $100, receipt number 0416-9197402.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)	RECAP
3	April 1, 2021	MOTION to Appear Pro Hac Vice for Christine Anne Malik (Filing fee $100, receipt number 0416-9197444.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)	RECAP
4	April 1, 2021	MOTION to Appear Pro Hac Vice for Nicole Lloret (Filing fee $100, receipt number 0416-9197466.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)	RECAP
5	April 1, 2021	MOTION to Appear Pro Hac Vice for Ellen Murphy (Filing fee $100, receipt number 0416-9197477.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)	RECAP
6	April 1, 2021	MOTION to Appear Pro Hac Vice for Matthew Thomas Reeder (Filing fee $100, receipt number 0416-9197483.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)	RECAP
7	April 1, 2021	MOTION to Appear Pro Hac Vice for Olamide O. Olusesi (Filing fee $100, receipt number 0416-9197487.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)	RECAP
8	April 1, 2021	MOTION to Appear Pro Hac Vice for Alison Epperson (Filing fee $100, receipt number 0416-9197492.) by Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 04/01/2021)	RECAP
9	April 5, 2021	Summons Issued 21 days as to Baltimore Police Department, City Of Baltimore, Jeffrey A. Converse, Darryl D. De Sousa, AnnMarie DiPasquale, Michael S. Harrison, Destinee L. Macklin, Brandon Scott, Gary Tuggle.(krs, Deputy Clerk) (Entered: 04/05/2021)	RECAP
10	April 5, 2021	QC NOTICE: 1 Complaint,, filed by Faye Cottman, Damon Gray, Amber Spencer was filed incorrectly. **Proposed Summonses were not provided for two defendant, BPD Officers John/Jane Does 1 to 20 and Supervisory BPD Officers John/Jane Does 1 to 20. Please correct deficiency using the event "Notice - other," filing the two missing summonses as the main document and link to 1 Complaint. (krs, Deputy Clerk) (Entered: 04/05/2021)	RECAP
11	April 5, 2021	NOTICE by Faye Cottman, Damon Gray, Amber Spencer re 1 Complaint,, (Attachments: # 1 Summons)(Mays, Tianna) (Entered: 04/05/2021)	RECAP
12	April 12, 2021	PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of C Anne Malik. Directing attorney C Anne Malik to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)	RECAP
13	April 12, 2021	PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Nicole Lloret. Directing attorney Nicole Lloret to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)	RECAP
14	April 12, 2021	PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Ellen M Murphy. Attorney Ellen M Murphy will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)	RECAP
15	April 12, 2021	PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Matthew Thomas Reeder. Directing attorney Matthew Thomas Reeder to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)	RECAP
16	April 12, 2021	PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Olamide O Olusesi. Directing attorney Olamide O Olusesi to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)	RECAP
17	April 12, 2021	PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Alison Epperson. Directing attorney Alison Epperson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/12/2021. (mh4, Deputy Clerk) (Entered: 04/12/2021)	RECAP
18	May 14, 2021	Summons Issued 21 days as to BPD Officers John/Jane Does 1 to 20, Supervisory BPD Officers John/Jane Does 1 to 20.(krs, Deputy Clerk) (Entered: 05/14/2021)	RECAP
19	May 14, 2021	PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Arthur Ago. Directing attorney Arthur Ago to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/14/2021. (mh4, Deputy Clerk) (Entered: 05/14/2021)	RECAP
20	May 19, 2021	[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Brandon Scott, Mayor of Baltimore, in his Official Capacity on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)	RECAP
21	May 19, 2021	[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Gary Tuggle (#D736) on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)	RECAP
22	May 19, 2021	[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Baltimore Police Department on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)	RECAP
23	May 19, 2021	[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Darryl D. De Sousa (#E403) on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)	RECAP
24	May 19, 2021	[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Michael S. Harrison (#T924) on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)	RECAP
25	May 19, 2021	[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on City of Baltimore on 5/12/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/19/2021)	RECAP
26	May 27, 2021	[FILED IN ERROR] AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, and Motions for Pro Hac Vice Admission served on Jeffrey A. Converse (#H218) on 5/18/2021, filed by Faye Cottman, Damon Gray, Amber Spencer.(Reeder, Matthew) Modified on 6/8/2021 (krs, Deputy Clerk). (Entered: 05/27/2021)	RECAP
27	June 8, 2021	QC NOTICE: 26 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 23 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 22 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 24 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 20 Affidavit of Service, filed by Faye Cottman, Damon Gray, Amber Spencer, 21 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer, 25 Affidavit of Service filed by Faye Cottman, Damon Gray, Amber Spencer was filed incorrectly. **Incorrect event used. Refile using the event "Summons returned executed" and input date of service for the party served. It has been noted as FILED IN ERROR, and the document link has been disabled. (krs, Deputy Clerk) (Entered: 06/08/2021)	RECAP
28	June 8, 2021	SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Brandon Scott served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)	RECAP
29	June 8, 2021	SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Gary Tuggle served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)	RECAP
30	June 8, 2021	SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Baltimore Police Department served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)	RECAP
31	June 8, 2021	SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Darryl D. De Sousa served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)	RECAP
32	June 8, 2021	SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Michael S. Harrison served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)	RECAP
33	June 8, 2021	SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. City Of Baltimore served on 5/12/2021, answer due 6/2/2021.(Reeder, Matthew) (Entered: 06/08/2021)	RECAP
34	June 8, 2021	SUMMONS Returned Executed by Damon Gray, Faye Cottman, Amber Spencer. Jeffrey A. Converse served on 5/18/2021, answer due 6/8/2021.(Reeder, Matthew) (Entered: 06/08/2021)	RECAP
35	June 28, 2021	MOTION to Withdraw as Attorney Ellen M. Murphy by Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Murphy, Ellen) (Entered: 06/28/2021)	RECAP
36	June 28, 2021	ORDER granting 35 Motion to Withdraw as Attorney. Attorney Ellen M Murphy terminated. Signed by Judge Stephanie A. Gallagher on 6/28/2021. (dass, Deputy Clerk) (Entered: 06/28/2021)	RECAP
37	July 7, 2021	NOTICE of Appearance by Kara K Lynch on behalf of Baltimore Police Department, City Of Baltimore, Darryl D. De Sousa, Michael S. Harrison, Brandon Scott, Gary Tuggle (Lynch, Kara) (Entered: 07/07/2021)	RECAP
38	July 8, 2021	AMENDED COMPLAINT against BPD Officers John/Jane Does 1 to 20, Baltimore Police Department, Jeffrey A. Converse, Darryl D. De Sousa, AnnMarie DiPasquale, Michael S. Harrison, Destinee L. Macklin, Brandon Scott, Supervisory BPD Officers John/Jane Does 1 to 20, Gary Tuggle, Brian Nadeau, Ryan O'Connor, Robert Ross, Scott Dressler, Mark Walrath, filed by Damon Gray, Faye Cottman, Amber Spencer, Audrey Carter. (Attachments: # 1 Amended Complaint Redline, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Mays, Tianna) (Entered: 07/08/2021) 1 Amended Complaint Redline 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	Clearinghouse
39	July 12, 2021	Summons Issued 21 days as to Scott Dressler, Brian Nadeau, Ryan O'Connor, Robert Ross, Mark Walrath. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (hmls, Deputy Clerk) (Entered: 07/12/2021)	RECAP
40	Sept. 2, 2021	Consent MOTION for Extension of Time to File Answer or Response by Baltimore Police Department, City Of Baltimore, Darryl D. De Sousa, Michael S. Harrison, Brian Nadeau, Brandon Scott, Gary Tuggle (Attachments: # 1 Text of Proposed Order)(Lynch, Kara) (Entered: 09/02/2021)	RECAP
41	Sept. 2, 2021	ORDER Granting 40 Motion for Extension of Time to Answer Baltimore Police Department answer due 9/21/2021; City Of Baltimore answer due 9/21/2021; Darryl D. De Sousa answer due 9/21/2021; Michael S. Harrison answer due 9/21/2021; Brian Nadeau answer due 9/21/2021; Brandon Scott answer due 9/21/2021; Gary Tuggle answer due 9/21/2021.. Signed by Judge Stephanie A. Gallagher on 9/2/2021. (bas, Deputy Clerk) (Entered: 09/02/2021)	RECAP
42	Sept. 8, 2021	SUMMONS Returned Executed by Faye Cottman, Audrey Carter, Damon Gray, Amber Spencer. Scott Dressler served on 8/2/2021, answer due 8/23/2021; Brian Nadeau served on 8/2/2021, answer due 9/21/2021; Ryan O'Connor served on 8/2/2021, answer due 8/23/2021; Mark Walrath served on 8/2/2021, answer due 8/23/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mays, Tianna) (Entered: 09/08/2021)	RECAP
43	Sept. 21, 2021	NOTICE of Appearance by Christopher C Jeffries on behalf of Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Jeffries, Christopher) (Entered: 09/21/2021)	RECAP
44	Sept. 21, 2021	NOTICE of Appearance by Louis Paul Malick on behalf of Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Malick, Louis) (Entered: 09/21/2021)	RECAP
45	Sept. 21, 2021	MOTION to Dismiss Officer Defendants' Motion to Dismiss by Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Attachments: # 1 Memorandum in Support Memorandum in Support of Officer Defendants' Motion to Dismiss)(Malick, Louis) (Entered: 09/21/2021)	RECAP
46	Sept. 21, 2021	MOTION to Dismiss for Failure to State a Claim by Baltimore Police Department, Darryl D. De Sousa, Michael S. Harrison, Brian Nadeau, Brandon Scott, Gary Tuggle (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Lynch, Kara) (Entered: 09/21/2021)	RECAP
47	Oct. 4, 2021	Joint MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss, 46 MOTION to Dismiss for Failure to State a Claim, Consent MOTION for Leave to File Excess Pages by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Reeder, Matthew) (Entered: 10/04/2021)	RECAP
48	Oct. 5, 2021	PAPERLESS ORDER granting 47 Motion for Extension of Time to File Response/Reply re 46 MOTION to Dismiss for Failure to State a Claim, 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss ; granting 47 Motion for Leave to File Excess Pages. Signed by Judge Stephanie A. Gallagher on 10/5/2021. (vals, Chambers) (Entered: 10/05/2021)	RECAP
49	Nov. 5, 2021	RESPONSE in Opposition re 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss, 46 MOTION to Dismiss for Failure to State a Claim filed by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer. (Attachments: # 1 Text of Proposed Order)(Mays, Tianna) (Entered: 11/05/2021) 1 Text of Proposed Order View on PACER	RECAP
50	Nov. 30, 2021	Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss, 46 MOTION to Dismiss for Failure to State a Claim by Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross (Attachments: # 1 Text of Proposed Order)(Jeffries, Christopher) (Entered: 11/30/2021)	RECAP
51	Nov. 30, 2021	PAPERLESS ORDER granting 50 Motion for Extension of Time to File Response/Reply re 46 MOTION to Dismiss for Failure to State a Claim, 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss. Signed by Judge Stephanie A. Gallagher on 11/30/2021. (vals, Chambers) (Entered: 11/30/2021)	RECAP
52	Dec. 10, 2021	REPLY to Response to Motion re 46 MOTION to Dismiss for Failure to State a Claim filed by Baltimore Police Department, City Of Baltimore, Michael S. Harrison, Brian Nadeau, Brandon Scott, Gary Tuggle.(Lynch, Kara) (Entered: 12/10/2021)	RECAP
53	Dec. 10, 2021	REPLY to Response to Motion re 45 MOTION to Dismiss Officer Defendants' Motion to Dismiss filed by Jeffrey A. Converse, Scott Dressler, Destinee L. Macklin, Ryan O'Connor, Robert Ross.(Jeffries, Christopher) (Entered: 12/10/2021)	RECAP
54	Jan. 13, 2022	MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 1/13/2022. (kk5s, Deputy Clerk) (Entered: 01/14/2022)	Clearinghouse
55	Jan. 13, 2022	ORDER granting in part and denying in part 45, 46 Defendants' Motions to Dismiss the Amended Complaint. Darryl D. De Sousa ((#E403), former Commissioner, in his Individual and Official Capacity), Scott Dressler (LT Baltimore Police Department), Michael S. Harrison ( (#T924), Commissioner, in his Individual and Official Capacity), Brian Nadeau (Deputy Baltimore Police Commissioner), Ryan O'Connor (Detective Baltimore Police Department), Robert Ross (Sergeant Detective Baltimore Police Department), Brandon Scott (Mayor of Baltimore, in his Official Capacity), Supervisory BPD Officers John/Jane Does 1 to 20 (in their Individual and Official Capacities), Gary Tuggle ((#D736), former Interim Commissioner, in his Individual and Official Capacity), Mark Walrath (LT Baltimore Police Department), BPD Officers John/Jane Does 1 to 20 (in their Individual and Official Capacities) and Faye Cottman terminated. Signed by Judge Stephanie A. Gallagher on 1/13/2022. (kk5s, Deputy Clerk) (Entered: 01/14/2022)	RECAP
56	Jan. 14, 2022	NOTICE of Appearance by Christopher C Jeffries on behalf of AnnMarie DiPasquale (Jeffries, Christopher) (Entered: 01/14/2022)	RECAP
57	Jan. 14, 2022	NOTICE of Appearance by Louis Paul Malick on behalf of AnnMarie DiPasquale (Malick, Louis) (Entered: 01/14/2022)	RECAP
58	Jan. 28, 2022	Consent MOTION for Extension of Time to File Answer to Plaintiffs' Amended Class Action Complaint by Jeffrey A. Converse, AnnMarie DiPasquale, Scott Dressler, Destinee L. Macklin (Attachments: # 1 Text of Proposed Order)(Jeffries, Christopher) (Entered: 01/28/2022)	RECAP
59	Jan. 31, 2022	PAPERLESS ORDER granting 58 MOTION for Extension of Time to File Answer. Jeffrey A. Converse, AnnMarie DiPasquale, Scott Dressler, Destinee L. Macklin answer due 2/11/2022.. Signed by Judge Stephanie A. Gallagher on 1/31/2022. (vals, Chambers) (Entered: 01/31/2022)	RECAP
60	Feb. 14, 2022	ANSWER to 38 Amended Complaint,, by Baltimore Police Department.(Lynch, Kara) (Entered: 02/14/2022)	RECAP
61	Feb. 14, 2022	ANSWER to 38 Amended Complaint,, by Jeffrey A. Converse.(Jeffries, Christopher) (Entered: 02/14/2022)	RECAP
62	Feb. 14, 2022	ANSWER to 38 Amended Complaint,, by AnnMarie DiPasquale.(Jeffries, Christopher) (Entered: 02/14/2022)	RECAP
63	Feb. 14, 2022	ANSWER to 38 Amended Complaint,, by Scott Dressler.(Jeffries, Christopher) (Entered: 02/14/2022)	RECAP
64	Feb. 14, 2022	ANSWER to 38 Amended Complaint,, by Destinee L. Macklin.(Jeffries, Christopher) (Entered: 02/14/2022)	RECAP
65	Feb. 16, 2022	AMENDED ORDER dismissing Count I and Counts X-XI of the Amended Complaint; dismissing Defendant Mayor Brandon Scott; dismissing the Amended Complaint against all individual Defendants insofar as they are sued in their official capacities; dismissing the Amended Complaint against the following individual Defendants insofar as they are sued in their personal capacities: Commissioner Michael Harrison; Former Interim Commissioner Garry Tuggle; Former Commissioner Darryl De Sousa; BPD Officers John/Jane Does 1 to 20; Detective Ryan O'Connor; Sergeant Detective Robert Ross; and Lieutenant Mark Walrath. Accordingly, the following Defendants should remain in the case: Baltimore Police Department; Detective Destinee Macklin (in her individual capacity only); Detective Jeffrey Converse (in his individual capacity only); Lieutenant Scott Dressler (in his individual capacity only); and Detective AnnMarie DiPasquale (in her individual capacity only). Signed by Judge Stephanie A. Gallagher on 2/16/2022. (kk5s, Deputy Clerk) (Entered: 02/16/2022)	RECAP
66	Feb. 18, 2022	SCHEDULING ORDER: Status Report due by 7/5/2022. Signed by Judge Stephanie A. Gallagher on 2/18/2022. (kk5s, Deputy Clerk) (Entered: 02/18/2022)	RECAP
67	March 4, 2022	Joint MOTION for Other Relief (Omnibus Status Update and Joint Motion Requesting Modification of Initial Scheduling Order and Seeking a Temporary Partial Stay of Discovery) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Reeder, Matthew) (Entered: 03/04/2022) 1 Text of Proposed Order View on PACER	RECAP
68	March 4, 2022	ORDER granting 67 Joint Motion Requesting Modification of Initial Scheduling Order and Seeking a Temporary Partial Stay of Discovery. Signed by Judge Stephanie A. Gallagher on 3/4/2022. (kk5s, Deputy Clerk) (Entered: 03/07/2022)	RECAP
69	April 1, 2022	Joint MOTION to Bifurcate and Stay Monell Discovery by Baltimore Police Department (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lynch, Kara) (Entered: 04/01/2022)	RECAP
70	May 2, 2022	RESPONSE in Opposition re 69 Joint MOTION to Bifurcate and Stay Monell Discovery filed by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Mays, Tianna) (Entered: 05/02/2022) 1 Exhibit A View on PACER 2 Text of Proposed Order View on PACER	RECAP
71	May 13, 2022	MOTION to Withdraw as Attorney by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Olusesi, Olamide) (Entered: 05/13/2022)	RECAP
72	May 16, 2022	PAPERLESS ORDER granting 71 Motion to Withdraw as Attorney. Attorney Olamide O Olusesi terminated. Signed by Judge Stephanie A. Gallagher on 5/16/2022. (kk5s, Deputy Clerk) (Entered: 05/16/2022)	RECAP
73	May 23, 2022	REPLY to Response to Motion re 69 Joint MOTION to Bifurcate and Stay Monell Discovery filed by Baltimore Police Department.(Lynch, Kara) (Entered: 05/23/2022)	RECAP
74	June 9, 2022	MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 6/9/2022. (kk5s, Deputy Clerk) (Entered: 06/09/2022)	Clearinghouse
75	June 9, 2022	ORDER denying without prejudice 69 Motion to Bifurcate and Stay Monell Discovery. Signed by Judge Stephanie A. Gallagher on 6/9/2022. (kk5s, Deputy Clerk) (Entered: 06/09/2022)	RECAP
76	July 11, 2022	Joint MOTION REQUESTING MODIFICATION OF INITIAL SCHEDULING ORDER AND SEEKING A TEMPORARY PARTIAL STAY OF DISCOVERY by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Mays, Tianna) (Entered: 07/11/2022)	RECAP
77	July 12, 2022	PAPERLESS ORDER granting 76 Joint Motion for Modification of Scheduling Order. Signed by Judge Stephanie A. Gallagher on 7/12/2022. (vals, Chambers) (Entered: 07/12/2022)	RECAP
78	July 14, 2022	ORDER REFERRING CASE to Magistrate Judge J. Mark Coulson for Settlement. Signed by Judge Stephanie A. Gallagher on 7/14/2022. (hmls, Deputy Clerk) (Entered: 07/14/2022)	RECAP
79	Aug. 5, 2022	MOTION to Appear Pro Hac Vice for Ciarra Carr (Filing fee $100, receipt number AMDDC-10087435.) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 08/05/2022)	RECAP
80	Aug. 8, 2022	PAPERLESS ORDER granting 79 Motion to Appear Pro Hac Vice on behalf of Ciarra Nadine Carr. Directing attorney Ciarra Nadine Carr to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 8/8/2022. (mh4s, Deputy Clerk) (Entered: 08/08/2022)	RECAP
81	Sept. 28, 2022	ORDER Scheduling Settlement Conference. Signed by Magistrate Judge J. Mark Coulson on 9/28/2022. (daws, Chambers) (Entered: 09/28/2022)	RECAP
82	Nov. 7, 2022	Joint MOTION to Strike Class Allegations in Amended Complaint by Baltimore Police Department (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lynch, Kara) (Entered: 11/07/2022)	RECAP
83	Nov. 22, 2022	Joint MOTION for Other Relief (Modify Scheduling Order) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Exhibit 1)(Mays, Tianna) (Entered: 11/22/2022)	RECAP
84	Nov. 22, 2022	STIPULATION (Stipulated Order Regarding Confidentiality of Discovery Material) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 11/22/2022)	RECAP
85	Nov. 23, 2022	PAPERLESS ORDER APPROVING re 84 Stipulation filed by Faye Cottman, Damon Gray, Audrey Carter, Amber Spencer. Signed by Judge Stephanie A. Gallagher on 11/23/2022. (vals, Chambers) (Entered: 11/23/2022)	RECAP
86	Nov. 23, 2022	ORDER granting 83 Joint Motion to Modify the Scheduling Order. Signed by Judge Stephanie A. Gallagher on 11/23/2022. (kk5s, Deputy Clerk) (Entered: 11/30/2022)	RECAP
87	Dec. 14, 2022	RESPONSE in Opposition re 82 Joint MOTION to Strike Class Allegations in Amended Complaint filed by Faye Cottman, Damon Gray, Amber Spencer. (Attachments: # 1 Affidavit of Tianna Mays in Support, # 2 Exhibit A to Mays Affidavit, # 3 Exhibit B to Mays Affidavit, # 4 Exhibit C to Mays Affidavit)(Mays, Tianna) (Entered: 12/14/2022)	RECAP
88	Dec. 19, 2022	MOTION to Withdraw as Attorney by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer (Attachments: # 1 Text of Proposed Order)(Reeder, Matthew) (Entered: 12/19/2022)	RECAP
89	Dec. 21, 2022	ORDER granting 88 Motion to Withdraw as Attorney. Attorney Matthew Thomas Reeder terminated. Signed by Judge Stephanie A. Gallagher on 12/21/2022. (heps, Deputy Clerk) (Entered: 12/22/2022)	RECAP
90	Jan. 19, 2023	NOTICE of Appearance by Christine Ellen White on behalf of Baltimore Police Department (White, Christine) (Entered: 01/19/2023)	RECAP
91	Jan. 19, 2023	Joint MOTION for Extension of Time to File Response/Reply by Baltimore Police Department, Jeffrey A. Converse, AnnMarie DiPasquale, Scott Dressler, Destinee L. Macklin. (Attachments: # 1 Text of Proposed Order)(White, Christine) (Entered: 01/19/2023)	RECAP
92	Jan. 19, 2023	PAPERLESS ORDER granting 91 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 1/19/2023. (vals, Chambers) (Entered: 01/19/2023)	RECAP
93	Jan. 20, 2023	NOTICE of Appearance by Benjamin F Aiken, Aiken on behalf of All Plaintiffs (Aiken, Benjamin) (Entered: 01/20/2023)	RECAP
94	Jan. 20, 2023	NOTICE of Appearance by Gregory Thomas Fox on behalf of Baltimore Police Department (Fox, Gregory) (Entered: 01/20/2023)	RECAP
95	Jan. 23, 2023	REPLY to Response to Motion re 82 Joint MOTION to Strike Class Allegations in Amended Complaint filed by Baltimore Police Department.(Lynch, Kara) (Entered: 01/23/2023)	RECAP
96	Feb. 7, 2023	MOTION to Appear Pro Hac Vice for Howard Ullman (Filing fee $100, receipt number AMDDC-10419292.) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 02/07/2023)	RECAP
97	Feb. 7, 2023	MOTION to Appear Pro Hac Vice for Jade Gasek (Filing fee $100, receipt number AMDDC-10419298.) by Audrey Carter, Faye Cottman, Damon Gray, Amber Spencer(Mays, Tianna) (Entered: 02/07/2023)	RECAP
98	Feb. 7, 2023	QC NOTICE: 96 Motion to Appear Pro Hac Vice filed by Faye Cottman, Damon Gray, Audrey Carter, Amber Spencer needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 02/07/2023)	RECAP
99	Feb. 7, 2023	PAPERLESS ORDER granting 97 Motion to Appear Pro Hac Vice on behalf of Jade Gasek. Directing attorney Jade Gasek to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/7/2023. (mh4s, Deputy Clerk) (Entered: 02/07/2023)	RECAP
100	Feb. 10, 2023	ORDER denying without prejudice 82 Motion to Strike Class Allegations. Signed by Judge Stephanie A. Gallagher on 2/10/2023. (kk5s, Deputy Clerk) (Entered: 02/10/2023)	RECAP

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Case Details

State / Territory:

Maryland

Case Type(s):

Policing

Criminal Justice (Other)

Key Dates

Filing Date: April 1, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Residents of the City of Baltimore who were victims of serious assaults—including on behalf of deceased victims, their personal representatives, successors in interest, and/or next of kin—on or after April 1, 2018 and whose property BPD unlawfully seized without a warrant or consent.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City

City of Baltimore

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Other Dockets:

District of Maryland 1:21-cv-00837

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Apology

Training

Amount Defendant Pays: $40,000

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Loss or damage to property

Pattern or Practice

Search policies

Recommended Citation

Case Summary of Cottman v. Baltimore Police Department, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45706/ (last updated 2/24/2025).