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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

MICHAEL CHIN, et al. v. MICHAEL V. WILHELM

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Civil Action No. CCB-02-1551

MEMORANDUM The plaintiffs, Michael Chin and Sweet N Spicy Foods, Inc. ("Plaintiffs"), filed suit against the City of Baltimore, the Baltimore City Police Department, and Michael V. Wilhelm, in his individual and official capacities, alleging, in sum, that a search of Chin's person, business, and vehicles on May 22, 2001 violated various laws and constitutional rights. The

court previously granted the motions to dismiss of the City of Baltimore and the Baltimore City Police Department.1 See Chin Now

v. City of Baltimore, 241 F. Supp. 2d 546 (D. Md. 2003).

pending before the court is a motion for summary judgment by Wilhelm ("Defendant"). The issues have been fully briefed, See Local Rule 105.6.

and no hearing is necessary.

The complaint alleges violations of federal civil rights (count one) and Maryland civil rights (count two), and various common law torts (counts three through seven: negligence,

That opinion is incorporated herein by reference, to the extent relevant.

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assault and battery, negligent hiring and training, intentional infliction of emotional distress, and false imprisonment and arrest). Wilhelm, who was employed by the

Baltimore City Police Department but deputized as a Task Force Officer of the Drug Enforcement Administration ("DEA") at the time of the incident in question, previously filed a motion to dismiss the tort claims on the grounds that the United States should be substituted for him as the sole party defendant pursuant to the Federal Tort Claims Act ("FTCA"). U.S.C.

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