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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ROXANNA SANTOS Plaintiff, v. FREDERICK COUNTY BOARD OF COMMISSIONERS, et al., Defendants * * * * * * * * * * ************** MEMORANDUM This case concerns the allegedly unlawful detention and arrest of Plaintiff Roxana Santos by two Frederick County Sheriff's Deputies, Defendants Jeffrey Openshaw and Kevin Lynch ("Deputies"). Now pending is the Deputies' Motion for Summary Judgment. Docket No. 84. The issues have been comprehensively briefed, and on November 15, 2011, the Court heard oral argument on the Motion. For the reasons stated herein, the Court will, by separate Order, GRANT the Motion.

Civil No. L-09-2978

I.

BACKGROUND

Shortly after 10:00 a.m. on October 7, 2008, Roxana Santos was sitting on the curb in the alleyway behind Common Market, a food co-op where she worked as a dishwasher. Santos was eating a bit of bread while she waited for her 11:00 a.m. shift to begin. At the same time, Frederick County Sheriff's Deputies Jeffrey Openshaw and Kevin Lynch were engaged in a routine patrol of the area. Their route took them through the parking lot of the Evergreen Square shopping center, which houses Common Market and several other businesses and restaurants. Openshaw and Lynch drove around to the rear of a large building Page 1 of 17

containing Common Market and Gold's Gym, where they encountered Santos sitting on the curb next to a large storage container of the type transported by cargo ships. There are three separate accounts of the circumstances surrounding the Deputies' approach. According to Openshaw and Lynch, when Santos observed them driving toward her in a marked patrol car, she got up, quickly gathered her things, and ducked around the corner of the storage container out of their view. Though the patrol car was approximately 150 feet away, Deputy Lynch testified that he saw Santos regard them with a startled look before withdrawing behind the container: "Her eyes got large, like, oh, no, there's the police." Lynch Dep. 43:16

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