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Laws-info.com » Cases » Maryland » the District of Maryland » 2002 » Sherri A. Turner v. Raymond M. Kight, et al.
Sherri A. Turner v. Raymond M. Kight, et al.
State: Maryland
Court: Maryland District Court
Case Date: 03/25/2002
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION SHERRI A. TURNER, Plaintiff, v. Civil Action No. AW-01-1408 RAYMOND M. KIGHT, et al. Defendants.

MEMORANDUM OPINION This case arises out of various claims of federal civil rights and state constitutional and common law violations related to the arrest and detention of Plaintiff Sherri A. Turner by Defendants Raymond M. Kight, Bruce P. Sherman, Rodney Brown, Richard Kane, Robin Lewis, William Pechnick, Eric Brown, and Brian Phillips ("State Defendants"), as well as Defendants Arthur M. Wallenstein, Theresa Hicks, Robert Andrews, and Montgomery County ("County Defendants"). Several motions are pending before the Court: (1) State Defendants' Motion to Dismiss and/or for Summary Judgment [7-1; 7-2]; (2) County Defendants' Motion to Dismiss Complaint, or in the Alternative, for Summary Judgment [8-1; 8-2]; (3) State Defendants' Motion to Dismiss Amended Complaint, or in the Alternative, for Summary Judgment, or in the Alternative to Strike [12-1; 12-2]; (4) County Defendants Motion to Dismiss Amended Complaint and/or Motion for Summary Judgment [13-1; 13-2]; (5) Plaintiff's Cross-Motion for Continuance to Permit Discovery [14-1]; and (6) Plaintiff's Motion to Excuse Late Filing [17-1]. The Court has reviewed the pleadings and applicable law and has determined that no hearing is necessary. See D. Md. R. 105(6). For the reasons stated below, the Court will deny as moot both the State and County Defendants' Motions to Dismiss, or the in Alternative, for Summary Judgment. 1

The Court will grant summary judgment to the Defendants on Counts I through VIII, and Counts X and XI. In addition, the Court will grant Defendant's Motion to Dismiss on Counts IX and XII. The Court will dismiss all remaining state counts (Counts XIII to XIX). Finally, the Court will deny Plaintiff's Motion for Continuance to Permit Discovery and will grant Plaintiff's Motion to Excuse Late Filing. FACTUAL BACKGROUND Plaintiff is a forty-five year old African American physician who resides in Montgomery County, Maryland. As a result of an automobile accident in 1997, Plaintiff sustained spinal cord injuries, which she claims rendered her disabled. See Pl.'s Am. Compl. at
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