Filed: Jan. 30, 2012
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2009 MARK B. LEVY; STANLEY S. LEVY, Plaintiffs - Appellants, v. CITY OF NEW CARROLLTON; ANDREW C. HANKO, Mayor of the City of New Carrollton; JOHN A. SCHAFFER, Councilmember for the City of New Carrollton; NEW CARROLLTON CITY POLICE DEPARTMENT; DAVID RICE, Chief of Police for City of New Carrollton; DAVID LADD, Police Officer for the City of New Carrollton; MARK BUTLER, Police Officer for City of New Carrollton; VINCENT LYE
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2009 MARK B. LEVY; STANLEY S. LEVY, Plaintiffs - Appellants, v. CITY OF NEW CARROLLTON; ANDREW C. HANKO, Mayor of the City of New Carrollton; JOHN A. SCHAFFER, Councilmember for the City of New Carrollton; NEW CARROLLTON CITY POLICE DEPARTMENT; DAVID RICE, Chief of Police for City of New Carrollton; DAVID LADD, Police Officer for the City of New Carrollton; MARK BUTLER, Police Officer for City of New Carrollton; VINCENT LYEW..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2009
MARK B. LEVY; STANLEY S. LEVY,
Plaintiffs - Appellants,
v.
CITY OF NEW CARROLLTON; ANDREW C. HANKO, Mayor of the City
of New Carrollton; JOHN A. SCHAFFER, Councilmember for the
City of New Carrollton; NEW CARROLLTON CITY POLICE
DEPARTMENT; DAVID RICE, Chief of Police for City of New
Carrollton; DAVID LADD, Police Officer for the City of New
Carrollton; MARK BUTLER, Police Officer for City of New
Carrollton; VINCENT LYEW, Police Officer for City of New
Carrollton; AMY BURKETT, (nee Shellenberger), Police Officer
for City of New Carrollton; SARAH C. POTTER, Council Member
for City of New Carrollton; RAYMOND J. GARVEY, Council
Member for City of New Carrollton; ROSE MARIE HURDLE,
Council Member for the City of New Carrollton; JEFFREY M.
HUGHES, Code Enforcer for City of New Carrollton,
Defendants - Appellees.
No. 10-2011
MARK B. LEVY,
Plaintiff - Appellant,
v.
CITY OF NEW CARROLLTON; DAVID LADD,
Defendants - Appellees.
Appeals from the United States District Court for the District
of Maryland, at Greenbelt. Deborah K. Chasanow, Chief District
Judge. (8:06-cv-02598-DKC; 8:06-cv-03304-DKC; 8:09-cv-02552-
DKC)
Submitted: December 30, 2011 Decided: January 30, 2012
Before GREGORY, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael Wein, LAW OFFICES OF MICHAEL WEIN, Greenbelt, Maryland,
for Appellants. Kevin Karpinski, Michael B. Rynd, KARPINSKI,
COLARESI & KARP, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
These consolidated appeals arise out of a series of
lawsuits stemming from multiple incidents that involved
Appellants Mark Levy and Stanley Levy, police officers, a city
code enforcement officer, and numerous other city officials.
The Levys asserted causes of action for malicious prosecution,
violation of state constitutional rights, false imprisonment,
violations of 42 U.S.C. § 1983 (2006), violations of the civil
Racketeer Influenced Corrupt Organizations Act (“RICO”), 18
U.S.C. § 1961 (2006), trespass to land, trespass to chattels,
civil conspiracy, malicious use of process, and vicarious
liability. In appeal No. 10-2009, the Levys appeal the district
court’s order granting partial summary judgment to defendants,
granting defendants’ motion to exclude the Levys’ expert
witnesses, and denying their motion for leave to file a second
amended complaint; the court’s subsequent order denying their
motion for reconsideration; and the court’s judgment entered
after a jury verdict for the defendants. In appeal No. 10-2011,
Mark Levy appeals the district court’s order dismissing his
complaint.
We have thoroughly reviewed the extensive record and
find no reversible error. Accordingly, we affirm substantially
for the reasons stated by the district court. Levy v. City of
New Carrolton, Nos. 8:06-cv-02598-DKC; 8:06-cv-03304-DKC; 8:09-
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cv-02552-DKC (D. Md. Mar. 17, 2009; June 11, 2009; July 30,
2010; Aug. 11, 2010). We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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