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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * * * Plaintiffs, * * v. * * BOARD OF COUNTY COMMISSIONERS * OF FREDERICK COUNTY, MD, et al., * Defendants. * * ************** ROBERT SEREMETH, JR., et al., MEMORANDUM This is an action brought under the Americans with Disabilities Act (the "ADA") and the Rehabilitation Act. On January 13, 2008, at approximately 11:20 p.m., Frederick County Sheriff deputies responded to a 911 call reporting that Plaintiff, Robert Seremeth Jr., was abusing his thirteen year old daughter and ten year old son at the family's home. Prior to arriving at the home, the responding officers were informed that both Seremeth and his children were deaf. Upon arrival, the officers asked Seremeth to step out of the residence, handcuffed him, and conducted an initial investigation inside the home. Roughly one hour and fifteen minutes after arriving at the home, the officers concluded the investigation and determined that no arrest was necessary. On January 12, 2009, Seremeth filed the instant suit, contending that the deputies unlawfully: (i) questioned him and his deaf children without the aid of a sign language interpreter and, (ii) handcuffed him behind his back, making it impossible for him to communicate. The case was originally assigned to the Honorable Andre Davis who, following a June 5, 2009 hearing, dismissed four of the Amended Complaint's eight counts. The remaining

Civ. No. L-09-58

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counts seek declaratory judgment, injunctive relief, and damages under the ADA and Rehabilitation Act. 1 Now pending are: (i) Plaintiffs' Corrected Motion for Summary Judgment (Docket No. 42), and (ii) Defendants' Motion for Summary Judgment (Docket No. 47). Because the issues are adequately addressed in the briefs, no hearing is necessary. See Local Rule 105.6 (D. Md. 2009). For the reasons stated below, the Court will, by separate order: (i) DENY Plaintiffs' motion, and (ii) GRANT Defendants' motion. I. FACTUAL BACKGROUND A. Events of January 13, 2008

On the evening of January 13, 2008, Seremeth was at his home in Middletown, Maryland with his parents and four children.2 The family had returned late from a school-sponsored sporting event and the children, especially Seremeth's oldest daughter, did not want to go to bed. While the other children eventually went to bed, Seremeth's eldest contacted her mother, Dawn Rood

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