Lilly v. Balt. Police Dep't

694 F.Supp.3d 569

Jeffrey LILLY, et al., Plaintiffs, v. BALTIMORE POLICE DEPARTMENT, et al., Defendants.

Civil Action No. RDB-22-2752

United States District Court, D. Maryland

Signed September 25, 2023

Michael Joseph Turiello, Patrick Brendan Jennings, Duddy, Goodwin & Pollard, Worcester, MA, for Plaintiffs Jeffrey Lilly, Raquel Lilly.

Michael Joseph Turiello, Duddy, Goodwin & Pollard, Worcester, MA, for Plaintiff Twisted Roots Kennels.

Gregory Thomas Fox, Jasmine Rose England-Caesar, Baltimore City Department of Law Office of Legal Affairs, Baltimore, MD, for Defendants Baltimore Police Department, Brian Nadeau, Captain Lekeshia Blue, Unknown Employees of the Baltimore Police Department.

Randall James Craig, Jr., Craig Law Group, Baltimore, MD, for Defendants Robert Smith, Delphine Smith.

MEMORANDUM OPINION

Richard D. Bennett, United States District Judge

This case stems from a private contractual dispute between parties previously or currently employed by the Baltimore Police Department. (ECF No. 24 ¶¶ 4-11; ECF No. 26-1 at 2.) With the exception of one defendant, all of the individual parties are in fact related by blood or marriage. (Id.) Plaintiffs Jeffrey Lilly and Raquel Lilly (collectively, "the Lillys") operate a side business breeding French and English bulldogs. (ECF No. 24 ¶ 6.) The business is run as a "joint venture," using the name Twisted Roots Kennels. (Id.) In October 2020, the Lillys entered into a contract whereby James Blue purchased a dog for $8,500 for the purpose of producing a litter of puppies. (Id. ¶ 20.) James Blue was to share the proceeds of the sale of the litter with the Lillys. (Id. ¶ 21.) In January 2022, James Blue was tragically shot and killed. (Id. ¶ 27.) This action stems from the Lillys' subsequent efforts retrieve the litter of puppies. The Lillys allege that the Baltimore City Police Department through a supervising official wrongfully assisted James Blue's family members, including Defendants Captain Lekeisha Blue ("Lekeisha Blue"), Robert Smith, and Delphine Smith, in their failure to return the puppies.

On September 13, 2022, the Lillys initiated the instant lawsuit in the Circuit Court for Baltimore City against Defendants Baltimore Police Department ("BPD"), Deputy Police Commissioner Brian Nadeau ("Nadeau"), Captain Lekeshia Blue, Unknown Employees of the Baltimore Police Department ("Unknown Employees"), Robert Smith, and Delphine Smith (collectively, "Defendants"). (ECF No. 2.) The lawsuit alleges that the Baltimore Police Department feared a negligent death claim from James Blue's family, including his wife, Lekeshia Blue, and her stepfather, former Lieutenant Colonel Robert Smith. (ECF No. 24.) According to the Lillys, this became the basis of a sham internal affairs investigation into Jeffrey Lilly that the Baltimore Police Department only allowed to escalate in order to pacify Robert Smith and prevent legal action from the Blue family. (Id.)

On October 26, 2022, Defendants removed this action to this Court pursuant to this Court's federal question jurisdiction and diversity jurisdiction. (ECF No. 1 at 3.) Defendants BPD, Nadeau, Lekeshia Blue, and Unknown Employees (collectively, the "BPD Defendants") subsequently filed a Motion to Dismiss Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 12), which remains pending on this Court's docket.¹

On January 31, 2023, Plaintiffs Jeffrey Lilly and Raquel Lilly filed their First Amended Complaint, adding Plaintiff Twisted Roots Kennels, and bringing fourteen claims against the various Defendants. (ECF No. 24.) Also on January 31, 2023, Defendants Robert Smith and Delphine Smith (collectively, "the Smiths") answered that Complaint. (ECF Nos. 21, 22.) On February 14, 2023, the BPD Defendants filed a Motion to Dismiss Plaintiffs' First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 25). Plaintiffs Jeffrey Lilly, Raquel Lilly, and Twisted Roots Kennels (collectively, "Plaintiffs") responded in opposition, (ECF No. 26), and the BPD Defendants replied. (ECF No. 33.) The parties' submissions have been reviewed and no hearing is necessary. Local Rule 105.6 (D. Md. 2023).

For the reasons that follow, the BPD Defendants' Motion to Dismiss Plaintiffs' Complaint (ECF No. 12) is DENIED AS MOOT; and the BPD Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint (ECF No. 25) is GRANTED IN PART AND DENIED IN PART. Specifically, Plaintiffs' 42 U.S.C. § 1983 claim in Count 2 against the Baltimore Police Department for its policy and practice of mishandling investigations conducted by the Public Integrity Bureau is DISMISSED WITH PREJUDICE; the civil conspiracy claims for tortious interference with a contract and abuse of process in Count 3 and 4 are DISMISSED WITH PREJUDICE as to all Defendants except Defendants Robert Smith and Delphine Smith who have filed answers; the claim for tortious interference with a contract in Count 7 against Defendant Brian Nadeau is DISMISSED WITH PREJUDICE; the intentional infliction of emotional distress claim in Count 8 is DISMISSED WITH PREJUDICE as to all Defendants except Defendants Robert Smith and Delphine Smith who have filed answers; the abuse of process claim in Count 9 is DISMISSED WITH PREJUDICE, as Plaintiffs withdrew the claim; the claim for recovery of unpaid wages in Count 12 is DISMISSED WITH PREJUDICE; the retaliation claim in Count 13 is DISMISSED WITH PREJUDICE, as Plaintiffs withdrew the claim; and the indemnification claim in Count 14 is DISMISSED WITH PREJUDICE, as Plaintiffs withdrew the claim.

The BPD Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint (ECF No. 25) is DENIED with respect to the Plaintiffs' 42 U.S.C. § 1983 claim set forth in Count 1 against the Defendant Baltimore Police Department for Brian Nadeau's alleged malicious abuse of the Public Integrity Bureau's investigative and disciplinary process; and is DENIED with respect to the conversion claim set forth in Count 5 against Defendants Lekeisha Blue, Robert Smith, and Delphine Smith. Accordingly, this case shall proceed with respect to the 42 U.S.C. § 1983 claim set forth in Count 1 against the Defendant Baltimore Police Department; the civil conspiracy claims for tortious interference with a contract and abuse of process set forth in Count 3 and 4 against Defendants Robert Smith and Delphine Smith; the conversion claim set forth in Count 5 against Defendants Lekeisha Blue, Robert Smith, and Delphine Smith; the tortious interference with a contract claim set forth in Count 6 against Defendants Robert Smith and Delphine Smith; the intentional infliction of emotional distress claim set forth in Count 8 against Defendants Robert Smith and Delphine Smith; the abuse of process claim set forth in Count 10 against Defendant Delphine Smith; and the defamation claim set forth in Count 11 against Defendant Delphine Smith.

BACKGROUND

In ruling on a motion to dismiss, this Court "accept[s] as true all well-pleaded facts in a complaint and construe[s] them in the light most favorable to the plaintiff." Wikimedia Found. v. Nat'l Sec. Agency, 857 F.3d 193, 208 (4th Cir. 2017) (citing SD3, LLC v. Black & Decker (U.S.) Inc., 801 F.3d 412, 422 (4th Cir. 2015)). Except where otherwise indicated, the following facts are derived from Plaintiffs' First Amended Complaint (ECF No. 24), and accepted as true for the purpose of the BPD Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint (ECF No. 25).

I. Background on the Parties

All individual parties involved in the instant action are presently or have previously been employed by the Baltimore Police Department. (ECF No. 24 ¶¶ 4-11; ECF No. 26-1 at 2.) Plaintiff Jeffrey Lilly has been employed by the Baltimore Police Department since 2004, and he has been assigned to a joint task force with the Federal Bureau of Investigation ("FBI") since 2015. (ECF No. 24 ¶ 4.) Plaintiff Raquel Lilly was formerly employed by the Baltimore Police Department as an officer assigned to the Internal Affairs division, now known as the Public Integrity Bureau ("PIB").² (ECF No. 26-1 at 2.) Defendant Brian Nadeau is currently Deputy Commissioner of the Baltimore Police Department's PIB. (ECF No. 24 ¶ 8.) Defendant Lekeshia Blue is currently employed by the Baltimore Police Department as a Captain in the PIB. (Id. ¶ 9.) Defendant Robert Smith achieved the rank of Lieutenant Colonel prior to his retirement from the Baltimore Police Department in 2009. (Id. ¶ 10; ECF No. 26-1 at 2.) Defendant Delphine Smith achieved the rank of Lieutenant of the Internal Affairs division prior to her retirement. (ECF No. 24 ¶ 11.)

Apart from Defendant Brian Nadeau, all of the individual parties are related by blood or marriage. (Id. ¶¶ 4-11; ECF No. 26-1 at 2.) Plaintiffs Jeffrey Lilly and Raquel Lilly are married. (ECF No. 24 ¶¶ 4-5.) Defendant Lekeshia Blue is James Blue's widow, the daughter of Defendant Delphine Smith, the stepdaughter of Defendant Robert Smith, and the first cousin of Plaintiff Raquel Lilly. (Id. ¶ 9.) Defendants Robert Smith and Delphine Smith are married. (Id. ¶¶ 10, 11.)

II. Factual Background

In October 2020, James Blue and the Lillys allegedly entered into a contract³ (the "Contract") whereby James Blue purchased a dog for $8,500.00 for the purpose of producing a litter of puppies in cooperation with Twisted Root Kennels. (ECF No. 24 ¶ 20; Ex. 1, ECF No. 24-2.) The Contract provided that James Blue was to receive sixty percent of the proceeds from the sale of the litter, with the Lillys having first pick of the litter for future breeding efforts prior to any sale. (ECF No. 24 ¶ 21; ECF No. 24-2.) The Contract further stated that the Lillys "are solely responsible and are the only authority of the brand, stock, product, revenue and intentions of [Twisted Roots Kennels]," (ECF No. 24 ¶ 22; ECF No. 24-2), with "[t]he monetary investment made by James Blue[ ] giv[ing] no rights or responsibilities to any...