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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

CEASAR SAVAGE v. MAYOR & CITY COUNCIL. SALISBURY, MD, et al.

: : : CIVIL NO. CCB-08-3200 : : ...o0o... MEMORANDUM

Now pending before the court is a motion to dismiss filed by the Mayor and City Council of Salisbury, Maryland ("City defendants"), the Salisbury Police Department, and nine Salisbury police officers ("officer defendants") (collectively "defendants") against the plaintiff, Ceasar Savage ("Mr. Savage"). Mr. Savage seeks to hold the defendants liable for constitutional and tortious injuries allegedly committed on two separate occasions by the officer defendants. The issues have been fully briefed and, pursuant to Local Rule 105.6, no hearing is necessary. For the following reasons, the defendants' motion will be granted in part and denied in part.

BACKGROUND According to Mr. Savage, on or around January 24, 2007, two Salisbury police officers approached him while he was installing some electronic equipment in an automobile on his mother's property. The officers, David Underwood ("officer Underwood") and Kenneth Wilson ("officer Wilson"), informed Mr. Savage that they were investigating a breaking and entering, asked him to present identification and a vehicle registration, and ordered him to exit the vehicle. Upon exiting the vehicle, Mr. Savage was immediately handcuffed by officer Wilson and

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informed that he was under arrest. When Mr. Savage inquired as to why he was being arrested, officer Wilson told him to shut his mouth. At this time, officer Underwood began searching the vehicle without Mr. Savage's consent claiming he was looking for drugs. During this time, Mr. Savage heard a radio call from the police dispatcher that there were no outstanding warrants to justify his continued detention. After officer Underwood reported he did not find any drugs in the car, Mr. Savage asked to be released to no avail. Officer Underwood then approached the house and asked the plaintiff's mother to identify him, which she did. Mr. Savage again asked to be released from custody, at which point officer Wilson "slammed the plaintiff in the back of the neck with his forearm, telling him to shut up, forcing plaintiff's head into the top of the car and busting the plaintiff's jaw and several teeth." (Compl.

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