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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : : MEMORANDUM The plaintiffs, Michael Chin and Sweet N Spicy Foods, Inc., filed suit on April 29, 2002 against the City of Baltimore, the Baltimore City Police Department, the United States, 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. To be more precise, the complaint in CCB-02-1551 alleged violations of federal civil rights (count one) and Maryland civil rights (count two), and various common law torts (counts three through seven: negligence, assault and battery, negligent hiring and training, intentional infliction of emotional distress, and false imprisonment and arrest). The court previously granted the motions to dismiss of the City of Baltimore and the Baltimore City Police Department.1 See Chin v. City of Baltimore, 241 F. Supp.2d 546 (D.Md. 2003). The court also found, after discovery, that Wilhelm was a federal employee acting within the scope of his employment at the time of the incident spawning the litigation, and substituted the federal government as the sole defendant with respect to counts three, four, six, and seven of the complaint pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C.

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