ELLEN LIPTON HOLLANDER, District Judge.
This Memorandum resolves the pending motion to intervene filed by William C. Bond, who is self-represented. ECF 59 (the "Motion").
Suit is predicated on 42 U.S.C. § 1983, based on alleged violations of the Decedent's rights under the Fourth and Fourteenth Amendments to the Constitution. Plaintiffs also allege violations of Articles 24 and 26 of the Maryland Declaration of Rights, and assert tort claims under Maryland law.
The defendants are eight Baltimore City Police Officers; Anthony W. Batts, who was the Commissioner of the Baltimore Police Department when Mr. West died; David Lewis, an officer with the Morgan State University Campus Police ("MSU Police"); and Lance Hatcher, Chief of the MSU Police. ECF 33 at 1-3. All defendants were sued in their official and individual capacities. ECF 33, Amended Complaint, at 1-3; id. at 25.
No responsive pleadings were filed with regard to Mr. Bond's Motion, and the time to do so has expired. See Docket. For the reasons stated below, I shall permit Mr. Bond to remain on the Docket of this case, as a courtesy. This will facilitate his receipt of notifications of public filings, which shall be via U.S. mail. However, the Motion lacks merit and shall be denied in all other respects.
The underlying facts of this case are set forth in the Court's Memorandum Opinion dated July 24, 2015 (ECF 28). In sum, plaintiffs aver that, "[a]s a result of the unconstitutional use of force by Defendants, Tyrone West received multiple severe injuries about his body, experienced severe pain and suffering, and mental anguish resulting in death." ECF 33, Amended Complaint, ¶ 37. According to plaintiffs, Mr. West was subjected to an illegal traffic stop. Id. ¶ 14. They maintain that "the individual police officer defendants made an unreasonable seizure" of the Decedent, thereby violating his rights under the Fourth and Fourteenth Amendments to the United States Constitution, and "assaulted and battered [him], resulting in his death, and otherwise used excessive force and unwarranted force during the course of said seizure." Id. ¶ 3. Litigation is ongoing. See Docket.
As best as can be discerned, Mr. Bond argues that he should be permitted to intervene in this case as a "member of the public" because of his "great concern" for public discourse and press coverage surrounding Mr. West's case. See generally ECF 59; ECF 61; ECF 62. Mr. Bond cites, inter alia, a "very disturbing YouTube.com video of an April 11, 2016, public hearing. . . ."
According to Mr. Bond, the Motion is "limited" in nature (ECF 59 at 1), and "seeks to relay to the court public interests & events of which it may not be fully aware." Id. at 3. In his view, the case reflects "the bad lawyering permeating the minority community." Id. at 2. He asks, inter alia, that the Court "state in their final opinion & order" certain declarations related to the death of Mr. West, including that Mr. West "was not murdered by the police" and also that the Court "sanction the plaintiffs for bringing this frivolous lawsuit and wasting the state and federal taxpayers time & money." Id. Notably, Mr. Bond has not cited any legal authority to support his Motion.
Mr. Bond has submitted two supplements to his Motion. See ECF 61 ("Supplement One"); ECF 62 ("Supplement Two"). In Supplement One, docketed on May 2, 2016, Mr. Bond discusses his "great concern about newly learned events" in Mr. West's case. ECF 61 at 1. He attaches as an exhibit a copy of a document titled "Statement on Tyrone West case," issued by the Office of the State's Attorney for Baltimore City, dated April 14, 2016, stating that "there has been no new evidence or additional information that would lead us to re-opening [sic] this case." ECF 61-1. Another exhibit (ECF 61-2) contains an article from the Baltimore Sun, dated April 15, 2016, titled "Marilyn Mosby hears criticism from police, activists." ECF 61-2 at 1-5. Mr. Bond also attached a Baltimore Sun article dated April 30, 2016, titled "Report: Heart condition didn't cause Tyrone West's death in custody." ECF 61-3 at 1-3.
In Supplement Two, docketed on May 4, 2016, Mr. Bond reiterates: "I believe it is necessary to relay to the court continued public interests &
Intervention is governed by Rule 24 of the Federal Rules of Civil Procedure, which provides, in relevant part:
In Stuart v. Huff, 706 F.3d 345 (4th Cir. 2013), the Fourth Circuit explained the standard for intervention of right under Rule 24(a)(2) as follows, id. at 349-50 (quoting Teague v. Bakker, 931 F.2d 259, 260-61 (4th Cir. 1991)):
See also Houston Gen. Ins. Co. v. Moore, 193 F.3d 838, 839 (4th Cir. 1999).
Alternatively, even if Rule 24(a)(2) does not mandate intervention, a party may be entitled to permissive intervention under Rule 24(b). See Huff, 406 F.3d at 349. The decision to grant or deny permissive intervention "`lies within the sound discretion of the trial court.'" Smith v. Pennington, 352 F.3d 884, 892 (4th Cir. 2003) (quoting Hill v. Western Elec. Co. Inc., 672 F.2d 381, 386 (4th Cir. 1982)); see also McHenry v. C.I.R., 677 F.3d 214, 219 (4th Cir. 2012). In Shanghai Meihao Elec., Inc. v. Leviton Mfg. Co., 223 F.R.D. 386, 387 (D. Md. 2004), then-District Judge Andre Davis distilled, from "the text of Rule 24(b) itself [and] case law interpreting the rule," four conditions for permissive intervention, id. (citations omitted and alterations added):
In the case sub judice, Mr. Bond has presented no grounds to support his request for intervention. Notably, he has not provided any explanation for why his intervention might be justified under Fed. R. Civ. P. 24, nor can any basis for intervention be gleaned from Mr. Bond's filings. Mr. Bond's goal to "relay to the court public interests & events of which it may not be fully aware" does not establish a legal stake in the outcome of this case. See Houston General Ins. Co., 193 F.3d at 839. Nor does this objective suggest how a legal interest of Mr. Bond's "would be impaired because of the action," or how any theoretical legal interest is "not adequately represented by existing parties to the litigation." Id. Moreover, Mr. Bond's Motion does not assert a legal claim or defense, which precludes granting the Motion based on permissive intervention. See Smith, 352 F.3d at 892; McHenry v. C.I.R., 677 F.3d at 219; Shanghai Meihao Elec., Inc., 223 F.R.D. at 387. Accordingly, I am persuaded that intervention is inappropriate in this case.
Mr. Bond appears to have a desire to keep closely informed about this case as it progresses. But, he has not satisfied the criteria for intervention. Although Mr. Bond may not join this case as an intervenor, I will allow him to remain listed on the case docket, as a courtesy. This will ensure that he receives prompt notification of case filings, via U.S. mail. See, e.g., United States v. Byrd, RDB-14-0186 (D. Md. Oct. 19, 2015) (permitting the same in ECF 230).
An Order follows.