DEBORAH K. CHASANOW, District Judge.
Presently pending and ready for resolution in this civil rights action is a partial motion to dismiss the complaint of Sonia Ulloa and Maria Blanco (collectively, the "Plaintiffs"), filed by Prince George's County, Maryland (the "County"), Prince George's County Police Officer Tonya Brooks, and Prince George's County Police Corporal Clarence Black (collectively, the "Defendants"). (ECF No. 26). The issues have been fully briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, Defendants' partial motion to dismiss will be granted.
On July 12, 2014, Sonia Ulloa and her sister, Maria Blanco, attended an automobile auction at Capital Auto & Truck Auction, Inc. ("Capital Auto"). (ECF No. 24 ¶ 10). Prince George's Police Officer Tonya Brooks, allegedly working in her capacity as a police officer and as an employee of Capital Auto, stated that she observed Ms. Ulloa raise her hand to bid on a car.
Ms. Ulloa sustained injuries to her head, neck, face, back, and arms. (Id. ¶ 11). Plaintiffs allege that, as a result of the assault and false arrest, Ms. Ulloa missed time from work and suffered severe mental and emotional distress. Ms. Blanco sustained an injury to her shoulder and experienced other physical pain and suffering. Plaintiffs contend that Officer Brooks and Corporal Black acted within the scope of their employment as employees of both the County and Capital Auto. (Id. ¶¶ 10; 12; 13). Plaintiffs provided notice of their claims to Prince George's County Attorney M. Andree Green on October 15, 2014, and December 1, 2014, as required by the Local Government Tort Claims Act. (Id. ¶ 14); Md. Code Ann., Cts. & Jud. Proc. § 5-304.
According to Plaintiffs, "[t]he actions taken by Officer Brooks and Corporal Black may have been motivated by actual malice, conscious and deliberate violence and wrongdoing, evil or wrongful motive, intent to injure and ill will." (ECF No. 24 ¶ 15). In addition, Plaintiffs assert that "[a]t least ten other individuals have filed claims against [the County] between 2002 and 2014[] alleging that [the County's] police officers have used excessive force and have arrested and incarcerated [the County's] residents without probable cause." (Id. ¶ 16). Concluding that the County's police department "has a long and well documented history of violating the civil rights of its citizens," Plaintiffs allege that their injuries resulted from the County's "custom, policy, and practice of deliberate indifference to, and failure to take action to stop, the widespread and on-going practice of arresting individuals without probable cause by the County's police officers." (Id.; see id. ¶¶ 30; 37; 50).
Plaintiffs sued the County, Officer Brooks, Corporal Black, and Capital Auto in the Circuit Court for Prince George's County, Maryland. (ECF Nos. 2; 14). On January 29, 2015, the County removed the action to this court based on federal jurisdiction over claims brought under 43 U.S.C. § 1983 and supplemental jurisdiction over the remaining state law claims. (ECF No. 1). The court consolidated the actions brought by Ms. Ulloa and Ms. Blanco on February 10, 2015. (ECF No. 12). Plaintiffs filed an amended complaint on March 24, 2015, alleging civil rights violations under § 1983, assault, battery, and false arrest. (ECF No. 24).
Defendants filed the pending motion to dismiss Counts Five, Seven, and Eleven of Plaintiffs' amended complaint, which assert claims against the County for arrest without probable cause and excessive use of force under 42 U.S.C. § 1983. Defendants also moved to dismiss any claims against Officer Brooks and Corporal Black in their official capacities. (ECF No. 26). Plaintiffs responded in opposition (ECF Nos. 28; 29), and Defendants replied (ECF No. 30).
The purpose of a motion to dismiss under Rule 12(b)(6) is to test the sufficiency of the complaint. Presley v. City of Charlottesville, 464 F.3d 480, 483 (4
At this stage, all well-pleaded allegations in a complaint must be considered as true, Albright v. Oliver, 510 U.S. 266, 268 (1994), and all factual allegations must be construed in the light most favorable to the plaintiff. See Harrison v. Westinghouse Savannah River Co., 176 F.3d 776, 783 (4
Section 1983 imposes liability on anyone who, acting under color of state law, deprives a person of any "rights, privileges, or immunities secured by the Constitution and laws." 42 U.S.C. § 1983; see Pee Dee Health Care, P.A. v. Sanford, 509 F.3d 204, 210 (4
To state a § 1983 claim against a county, a plaintiff must allege that the action at issue was one that "execute[s] a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers" or that represents informal governmental "custom." See Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658, 690-91 (1978).
The United States Court of Appeals for the Fourth Circuit has cautioned that while "the substantive requirements for proof of municipal liability are stringent," "[§] 1983 claims are not subject to a heightened pleading standard paralleling the rigors of proof demanded on the merits." Jordan, 15 F.3d at 338 (citations and internal quotation marks omitted). Instead, "a § 1983 plaintiff seeking to impose municipal liability must satisfy only the usual requirements of notice pleading specified by the Federal Rules." Id. at 339; see Harrison v. McNeill, No. CCB-07-3399, 2008 WL 2074146, at *3 n.1 (D.Md. May 9, 2008). Consequently, although Monell does not impose heightened pleading requirements above the basic "short and plain statement" requirement of Rule 8(a), Plaintiffs still must adequately allege a County policy or custom that proximately caused the deprivation of their rights. Jordan, 15 F.3d at 338; see Peters v. City of Mount Rainier, No. GJH-14-00955, 2014 WL 4855032, at *4 (D.Md. Sept. 29, 2014).
Defendants argue that "Plaintiffs make general allegations regarding the County's policy with respect to use of force" and that Plaintiffs' specific allegations "merely demonstrate that the action at issue was a single incident involving two police officers." (ECF No. 26, at 7). Plaintiffs identify ten lawsuits since 2002 in which police officers of the County were alleged to have used excessive force or made arrests or incarcerated residents without probable cause to show that the County had a custom, policy, or practice. (ECF No. 24 ¶ 16). In addition, Plaintiffs argue that they have adduced sufficient circumstantial evidence to survive dismissal and warrant discovery. (ECF Nos. 28, at 3; 29, at 3). Defendants contend that Plaintiffs have not met their burden by simply reciting the elements of the claim and string-citing cases to demonstrate that the County has a de facto custom, policy, or practice. (ECF No. 26, at 7-8).
"[T]he Fourth Circuit has made clear that a plaintiff in a Monell action need not `plead the multiple incidents of constitutional violations that may be necessary at later stages to establish the existence of an official policy or custom and causation.'" Jones v. Chapman, No. ELH-14-2627, 2015 WL 4509871, at *15 (D.Md. July 24, 2015) (quoting Jordan, 15 F.3d at 339-40).
Owens v. Baltimore City State's Attorney's Office, 767 F.3d 379, 403 (4
Moreover, the cases Plaintiffs cite demonstrate only that a handful of County residents have brought § 1983 claims against County police officers over the course of more than a decade and with varying degrees of success. In fact, almost all of the cited cases resulted in no judicial finding of liability against County police officers for arrest without probable cause or excessive use of force. And, in most of the cited cases, the plaintiffs' respective claims were dismissed before trial.
Plaintiffs' failure to plead facts plausibly alleging that the County has a custom, policy, or practice is fatal to their Monell claims. Beyond their string citation, Plaintiffs offer only "threadbare recitals of the elements of a cause of action supported by mere conclusory statements," thus failing to satisfy the pleading requirements of Iqbal. 556 U.S. at 663. A policy or custom that gives rise to § 1983 liability will not "be inferred merely from municipal inaction in the face of isolated constitutional deprivations by municipal employees." Milligan, 743 F.2d at 230 (citations omitted). In Chen v. Mayor of Balt., the court permitted the plaintiff's Monell claim to proceed past the motion-to-dismiss stage because he had alleged two "separate incidents," occurring nearly one week apart, in which the city had purportedly committed analogous due process violations. L-09-47, 2009 WL 2487078, at *5 (D.Md. Aug. 12, 2009). Similarly, in Ames v. Harford Cnty., although the court described the plaintiffs' Monell allegations as "not voluminous," the complaint contained many more factual allegations from which municipal liability could be inferred. No. RDB-09-1929, 2010 WL 1791547, at *1 (D.Md. May 4, 2010). Here, Plaintiffs fail to offer factual allegations of known, widespread conduct by County employees comparable to that allegedly committed by Officer Brooks and Corporal Black. Milligan, 743 F.2d at 230. The complaint does not pair general averments of a policy or custom with particular examples, and Plaintiffs' bare allegations do not suggest that discovery could provide any evidence of "deliberate indifference" on the part of the County. See Farmer v. Maryland, No. GJH-14-02584, 2015 WL 3560011, at *6 (D.Md. June 4, 2015). Even if County officers violated Plaintiffs' constitutional rights, these violations alone do not permit an inference of municipal culpability, which only attaches if Plaintiffs adequately plead a policy or custom. See Bd. of Cnty. Comm'rs of Bryan Cnty., Okl. v. Brown, 520 U.S. 397, 406 (1997). Instead, Plaintiffs' complaint "consists of speculative, legal conclusions couched as factual allegations; not facts supporting a plausible claim." Lewis v. Simms, No. AW-11-CV-2172, 2012 WL 254024, at *5 (D.Md. Jan. 26, 2012), aff'd, 582 F.App'x 180 (4
Defendants' partial motion to dismiss will be granted, and Plaintiffs' § 1983 claims against the County will be dismissed.
Plaintiffs sue Officer Brooks and Corporal Black in their official capacities as police officers. (ECF No. 24 ¶¶ 4; 5). Defendants argue that "Plaintiffs' claims against Officer Brooks and Corporal Black in their official capacities are the same as their claims against the County and, therefore, are redundant." (ECF No. 26, at 2). A suit against Officer Brooks and Corporal Black in their official capacities is functionally equivalent to a suit against the municipality because it "is not a suit against the official but rather is a suit against the official's office." Will v. Mich. Dep't State Police, 491 U.S. 58, 71 (1989) (citing Brandon v. Holt, 469 U.S. 464, 471 (1985)); see Kentucky v. Graham, 473 U.S. 159, 165-66 (1985). The police officers "can be held liable in their official capacities only if the execution of a policy or custom inflicts the injury on [Plaintiffs]." Flanagan v. Anne Arundel Cnty., 593 F.Supp.2d 803, 809 (D.Md. 2009). Accordingly, because Plaintiffs have failed to state a plausible Monell claim alleging that a policy or custom of the County caused the deprivation of Plaintiffs' rights, Plaintiffs have similarly failed to state a claim under § 1983 against Officer Brooks and Corporal Black in their official capacities. To the extent that the complaint includes claims against Officer Brooks and Corporal Black in their official capacities, those claims will be dismissed.
Defendants do not move for the dismissal of Plaintiffs' § 1983 claims against Officer Brooks and Corporal Black in their individual or personal capacities. Accordingly, those causes of action and Plaintiffs' state law claims remain.
For the foregoing reasons, Defendants' partial motion to dismiss will be granted. A separate order will follow.