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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MARTIN BIBUM : : v. PRINCE GEORGE'S COUNTY et al. : : : MEMORANDUM OPINION Pending before the court in this case alleging excessive force by a police officer in the course of an arrest is Defendants' motion for summary judgment. The issues have been fully briefed Local Rule 105.6. For the Civil Action No. DKC 98-3684

and no hearing is deemed necessary.

reasons that follow, the court shall DENY the motion with respect to Count VII, but GRANT the motion with respect to all other counts of the amended complaint. I. Background On the night of September 10, 1997, Plaintiff, Martin Bibum, a black man born in Cameroon, Africa, was approached by a uniformed Prince George's County police officer in the parking lot of his apartment complex. Bibum had just exited his car and was making

his way to the trunk. The officer, Julio Zelaya, began questioning Bibum regarding his presence in the parking lot because, according to Officer Zelaya, Bibum was walking suspiciously1 between the

Officer Zelaya claims Bibum was under suspicion because there had been a series of recent vehicle break-ins at or near Bibum's residence, and he observed Bibum looking into several (continued...)

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parked cars in the lot. with Officer Zelaya.

Bibum alleges that he fully cooperated

At some point during the questioning, Bibum placed his hands in his pants pockets. Bibum's pocket. Officer Zelaya says he observed a bulge in

Bibum claims that Officer Zelaya told him to At that point,

remove his hands from his pockets, and he did.

Bibum alleges that Officer Zelaya grabbed his gun, shouted "Don't let me f--- you up!", and instructed Bibum to place his hands on the police vehicle. Bibum alleges that after he placed his hands

on the car, Officer Zelaya struck him in the back of the neck with his fist, threw him to the pavement, handcuffed him, and then "smashed" Bibum's head onto the pavement with his knee. Officer

Zelaya then placed Bibum under arrest. According to Bibum, another officer drove by as Zelaya was placing him in the police car. Bibum explained to the other officer that he had been beaten, and asked for help. After the other officer left the scene, Bibum

alleges that Zelaya retaliated against him by pressing his forearm into Bibum's neck.2 Bibum was charged with second degree assault, The charges, however,

disorderly conduct and resisting arrest. were placed on the stet docket.

(...continued) vehicles as he was walking between the cars. Bibum went to the emergency room upon his release from police custody, and claims that he suffered head pain for three months following the incident and neck pain for six months. 2
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On September 23, 1998, Bibum filed a complaint and motion to entertain suit3 in the Circuit Court for Prince George's County. The case was thereafter removed to this court on the basis of federal question jurisdiction. nine counts. Bibum's amended complaint contains

Counts one through five allege state law claims for

assault (count one), assault and battery (counts two and four), false arrest (count three) and malicious prosecution (count five). Counts six and seven are

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