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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : ERNEST TINCH, JR. : v. : Civil Action No. DKC 2001-1104 : UNITED STATES OF AMERICA, et al. :

MEMORANDUM OPINION Presently pending and ready for resolution in this case alleging violation of constitutional rights, state law civil rights claims, and tortious conduct is the motion of Defendants United States of America ("United States") and the officers in their official capacities to dismiss under Fed. R. Civ. P. 12(b) (1) and (6) or, in the alternative, for summary judgment.1 The issues have Local Rule will be

been fully briefed and no hearing is deemed necessary. 105.6. granted. I. Background For reasons that follow, Defendants'

motion

The following facts are uncontroverted or, unless otherwise noted, alleged by Plaintiff. On May 10, 2000, Tinch was employed

by Thrifty Car Rental Company ("Thrifty"), which operates a rental location at Andrews Air Force Base ("Andrews").
1

On that date,

Plaintiff requested summonses for Keenan, Anglin, Hall, and Bernhardt in their individual capacities on February 25, 2002. The officers, in their individual capacities, have not yet been served.

Tinch was instructed to deliver a Ford Mustang to the Thrifty location at Andrews. Tinch regularly visited Andrews as a Thrifty

employee and was issued a vendor base pass by Andrews so he could accomplish his tasks. When Tinch arrived at Andrews, he displayed After the vehicle

his pass and was permitted to enter the base.

Tinch was driving passed through the gate, the gate guard ordered Tinch to stop, and Tinch did so immediately. Tinch was detained at gunpoint, handcuffed and arrested.2 He

states that during this period the officers were loud, combative, and used profane language. Tinch was charged with criminal

trespass, failure to display current vehicle registration and receiving stolen property charges no within against maritime Tinch been and were territorial subsequently Tinch

jurisdiction. dismissed.

The Although

discovery

has

conducted,

concedes in his opposition to Defendants' motion that the car he was driving had been reported stolen in the National Crime

Information Center ("NCIC") database.

Paper No. 17.

Tinch filed a complaint on April 13, 2001, against the United States, the Secretary of the Air Force, Andrews Air Force Base, and Unidentified Military Police Officers, alleging Negligence, Assault and Battery, Battery, Malicious Prosecution and False Imprisonment, Intentional Infliction of Emotional Distress, 42 U.S.C.

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