Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND AARON ROSS * * * * * * * ****** MEMORANDUM Plaintiff Aaron Ross ("Plaintiff" or "Ross") has brought this action against Baltimore City Police Officer Wayne Early ("Officer Early"), as well as the Mayor and City Council of Baltimore ("the City"); Baltimore City Police Department ("BPD"); George Nilson, City Solicitor; Elena DiPietro, Chief Solicitor for the City; Linda Barclay, former Chief Solicitor for the City; and Frederick H. Bealefeld, III, Commissioner of BPD (collectively, excluding Officer Early, "the City Defendants"). Plaintiff alleges, among other things, violations of his federal constitutional rights to assembly and free speech and to be free from unreasonable searches and seizures. Pending before the court is Defendants' Joint Motion for Summary Judgment and Plaintiff's Counter-motion for Summary Judgment. 1 I held a hearing on these Motions on October 1, 2010. I will now deny all Motions. I. In March of each year, since at least 2003, the City has leased First Mariner Arena ("the Arena") to Feld Entertainment for performances of the Ringling Brothers Barnum and Bailey Circus ("the Circus"). These performances attract large crowds. Between seven thousand and ten thousand patrons attend weekday shows, which begin at 7:30 p.m. (Joint Mot. Summ. J.
                                                            
1

v. WAYNE EARLY, et al.

Civil No. JFM-09-3255

Officer Early has also filed a motion for summary judgment as to state law claims asserted against him by Plaintiff. The issues raised by that motion are different from the federal constitutional issue I directed the parties brief. Therefore Early's Motion for Summary Judgment will be denied without prejudice to file renewed.

1  

("Joint Mot."), Ex. 1 Affidavit of Linda C. Barclay ("Barclay Aff.")

Download Aaron Ross v. Wayne Early, et al..pdf

Maryland Law