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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : CHERRI COX-STEWART : v. : Civil Action No. 2003-2166 : BEST BUY STORES, L.P. : MEMORANDUM OPINION Presently pending and ready for resolution in this civil rights case are the motions by Plaintiff Cherri Cox-Stewart: (1) to reconsider the state court decisions or, in the alternative, to remand for such reconsideration, and (2) for leave to file a second amended complaint. The issues have been briefed and the Local Rule

court now rules, no hearing being deemed necessary. 105.6.

For the reasons that follow, the court will grant

Plaintiff's motion to remand the case to the Circuit Court for Prince George's County. I. Background A. Factual Background The following are facts alleged by Plaintiff Cherri CoxStewart.1 On April 15, 2002, Plaintiff, accompanied by her

brother, was shopping at Defendant Best Buy Store, L.P. (Best Buy) in Laurel, Maryland.
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Plaintiff selected a toaster oven for

The factual allegations are drawn from Plaintiff's amended complaint. See Paper 6.

purchase and brought it to the cash register.

Plaintiff paid

for the toaster oven by check and was given a receipt, which she placed in her purse. As Plaintiff proceeded to exit the store, Plaintiff, who was

a store employee asked to see her receipt.

holding the box containing the toaster oven, told the employee that she had just paid for the item at a nearby cash register and had placed the receipt in her purse. Another store employee

asked Plaintiff to produce the receipt, as she exited the store. Plaintiff responded that she be allowed to go to her vehicle. A store employee allegedly contacted the Laurel Police

Department and reported that Plaintiff had stolen merchandise from the store. Once Plaintiff reached her vehicle, she placed the toaster oven in the trunk and opened the door to enter the vehicle. Several store employees then surrounded Plaintiff's vehicle and a vehicle operated by another store employee parked directly behind Plaintiff's vehicle. Plaintiff asked the store employee Several minutes later, Officer

repeatedly to move the vehicle.

Martindale of the Laurel Police Department, arrived on the scene along with another officer. Officer Martindale opened the door He

to Plaintiff's vehicle and ordered her out of the vehicle.

then placed Plaintiff under arrest, handcuffed her and placed her in his police cruiser. When Plaintiff asked Officer

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Martindale why she was being arrested, he allegedly told her to "pick any charge," including "drunk driving," and that he did not have to provide a reason. During this episode, Officer

Martindale also allegedly called Plaintiff a "thief." Plaintiff told Officer Martindale that she had not stolen anything from the store and that the receipt was in her purse. Officer Martindale allegedly stated that he did not want to see the receipt, even after Plaintiff's brother produced the

receipt.

Plaintiff was taken to the Laurel Police Department

station, where she was booked, photographed and placed in a holding cell. She was detained at the station for approximately Officer Martindale swore out

90 minutes before being released.

criminal charges against Plaintiff, charging her with disorderly conduct. On June 24, 2002, the State's Attorney entered a nolle

prosequi to the charge of disorderly conduct in Plaintiff's case. B. Procedural Background On March 20, 2003, Plaintiff filed a complaint in the Circuit Court for Prince George's County against Defendant Best Buy, the City of Laurel and Officer Martindale, alleging false imprisonment, defamation, false arrest, battery, violations of state constitutional rights and malicious prosecution.

Plaintiff subsequently filed an amended complaint on April 28, 3

2003.

The City of Laurel and Officer Martindale each moved to On July 2, 2003, the state court issued

dismiss the complaint.

orders granting the motions and dismissing the complaint as to the City of Laurel and Officer Martindale. On July 25, 2003, Defendant Best Buy removed the action to this court pursuant to 28 U.S.C.

Download Cherri Cox-Stewart v. Best Buy Stores, L.P. (Opinion).pdf

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