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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND BRAD LEE BARNHILL CATHERINE NICOLE DONKERS Plaintiffs, v. CHARLES P. STRONG, JR., et al. Defendants. * * * * * * * * * *****

Civil No. JFM 07-1678

MEMORANDUM OPINION Plaintiffs Brad Lee Barnhill and Catherine Nicole Donkers have brought this action alleging that they were unlawfully arrested and prosecuted on charges of handgun possession and resisting arrest.1 Among the various defendants sued in this case are the Maryland State Troopers who arrested and detained plaintiffs, as well as the Trooper involved in a handgun forfeiture proceeding that plaintiffs allege deprived them of property without due process of law.2 These defendants have filed a motion to dismiss on the grounds of an expired statute of limitations, failure to comply with the Maryland Tort Claims Act, qualified statutory immunity, and the inapplicability of the Fifth Amendment to state actors. For the reasons outlined below, defendants' motion is granted.

In particular, plaintiffs make claims for common law false arrest and false imprisonment, common law malicious prosecution, and unlawful search, seizure, excessive force, and deprivation of property without due process of law in violation of the Maryland and United States Constitutions. In two earlier rulings, I dismissed all charges against the state Commissioner and the prosecutors. (See Docket Number 15 (dismissing claims against Commissioner); Docket Number 25 (dismissing claims against prosecutors).)
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FACTS The relevant facts, drawn from plaintiffs' complaint, are as follows. On September 12, 2001, plaintiffs were driving in Maryland when they were pulled over by several Maryland State Troopers for an unspecified non-moving violation. (Compl. at 2.) Allegedly acting without cause, the Troopers then "assaulted and battered [plaintiffs] under the pretext of handcuffing them, interrogated [them] without the presence of counsel, compell[ed] them to provide evidence against themselves, and then performed a search of [plaintiffs'] private automobile . . . without lawful authority . . ." (Id. at 2

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