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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

CHARLES BROOKS, Plaintiff, v. Civil Action No. AW-00-1878 PRINCE GEORGE'S COUNTY, MARYLAND, et. al., Defendants.

MEMORANDUM OPINION Presently before the Court is Defendants Lloyd A. Johnson and the State of Maryland's Motion to Dismiss the Complaint of Plaintiff Charles Brooks. With an opposition having been filed by Plaintiff, and a reply filed by Defendant, the motion is ripe for resolution. No hearing is deemed necessary. See Local Rule 105.6 (D. Md.). For the reasons discussed below, the Court will grant Defendants' Motion to Dismiss counts II and IV of the complaint. BACKGROUND On June 26, 1996, Defendant Detective Candace Santos executed an Application for Statement of Charges accusing the Plaintiff of attempting to sexually assault an adult woman. Defendant Santos, soon after the execution of the arrest warrant, learned that she had given information for the wrong Charles Brooks in her Application for Statement of Charges. Allegedly, Defendant Santos called the State's Attorney's Office of Prince George's County and told Assistant State's Attorney Lloyd Johnson of her error. Plaintiff contends that Defendant Santos visited Defendant Johnson soon after the phone call to personally tell him of her mistake. Defendant Santos allegedly believed that Defendant Johnson would amend her Application for

Statement of Charges or quash Defendant Santos defective warrant. Plaintiff Brooks was being held on an unrelated charge in Baltimore City Jail from March 29, 1997 until May 29, 1997, when he was scheduled to be released. However, on May 29, 1997, almost one year after the erroneous arrest warrant was executed, Plaintiff was held on detainer and the pending, erroneous warrant was executed. Plaintiff was held for twenty nine (29) days in a Prince George's County Jail before his preliminary hearing on June 27, 1997. Plaintiff was released from jail at his preliminary hearing upon discovery by the State that the wrong Charles Brooks was detained. Plaintiff, through counsel, filed a complaint against the Defendants on March 24, 1998 in the Circuit Court for Prince George's County, Maryland.1 On November 24, 1999, the Circuit Court dismissed, with prejudice, the Plaintiff's claims against Defendant Johnson that sounded in claims found under Article 24 of the Maryland Declaration of Rights. This case was removed to this court on June 21, 2000 after Plaintiff filed 42 U.S.C.

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