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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ) ) ) ) ) ) )

MICHAEL CHIN, et. al. v. CITY OF BALTIMORE, et al.

Civil Action No. CCB 02-1551

MEMORANDUM

The plaintiffs, Michael Chin and Sweet N Spicy Foods Inc, have filed an action against Baltimore City, the Baltimore City Police Department, and Officer Michael V. Wilhelm. The Baltimore Police Department and Baltimore City have filed motions to dismiss. The United States has filed a motion to substitute the United States for Officer Wilhelm. Officer Wilhelm has filed a motion to dismiss or, in the alternative, for summary judgment. The issues have been fully briefed, and no hearing is necessary. See Local Rule 105.6. For the reasons set forth below, the court will grant the motions to dismiss of the Baltimore Police Department and Baltimore City. The court will deny without prejudice the motion to dismiss Officer Wilhelm and substitute the United States in his place, as well as Officer Wilhelm's motion to dismiss. Further, the court will restrict discovery to the question of Officer Wilhelm's federal employment at the time of the events described in the complaint. Factual Background Because the motions before the court are based on a motion to dismiss under Rule 12(b)(6), the facts in the complaint are assumed to be true. The following facts are alleged by the plaintiffs.

Michael Chin owns and operates Sweet N Spicy Foods, Inc., a distributor of international foods in Baltimore. On May 22, 2001, a number of police officers from the Baltimore Police Department, led by Officer Wilhelm, entered and searched Sweet N Spicy Foods, Inc. with their weapons drawn. The officers displayed no indicia that they were affiliated with law enforcement. While neighbors looked on, they assaulted Mr. Chin and then handcuffed him for an extended period of time. The search caused considerable property damage, and significantly compromised aspects of the company's future business production and sales. The officers did not have a warrant and found no contraband as a result of this search. Mr. Chin alleges that Officer Wilhelm, the Baltimore Police Department, and the City of Baltimore are liable under 42 U.S.C.

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