Schoberg v. Balt. Cnty.

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FRANCIS SCHOBERG, Plaintiff, v. BALTIMORE COUNTY, MARYLAND, et al., Defendants.

Civil Action No. RDB-23-2852

United States District Court, D. Maryland

April 23, 2024

MEMORANDUM OPINION

Richard D. Bennett United States Senior District Judge

On July 30, 2019, Defendant Vincent Miceli, a Baltimore County Police Officer, was working in a secondary employment capacity as a security officer for Wolf Professional Security, Inc. at a Giant Food Store in Catonsville, Maryland. Plaintiff Francis Schoberg entered the Giant store wearing a black shirt with “POLICE” printed on the front and back of the shirt and on each sleeve. He had a handgun in a holster around his waist. When he was questioned by Officer Miceli Schoberg indicated he worked as a private security guard for a private entity called “Hire Police.” At some point Schoberg confirmed that he was not and never had been a police officer. The operative Amended Complaint (ECF No. 25) alleges that Miceli then prevented Schoberg from leaving the store, detained him, and called Baltimore County police officer Phillip L. Schwartzman for backup. Ultimately, the two officers then arrested Schoberg for impersonating a police officer and seized his firearm. Two days later, on August 1, 2019, Schoberg was released from custody. The Baltimore County State's Attorney then charged Schoberg with three misdemeanor offenses on October 22, 2019: impersonating a police officer, carrying a handgun, and carrying a loaded handgun. These charges were ultimately dismissed by the State's Attorney for Baltimore County on June 30, 2020.

These events gave rise to a state lawsuit, a removal from the Baltimore County Circuit Court to this Court, and subsequently a ten-count amended complaint filed in this Court on November 17, 2023. (ECF No. 25.) Schoberg has brought a variety of claims against not only Officers Schwartzman and Miceli, but also against Baltimore County, Giant Food LLC, and Wolf Professional Security, Inc., which held the contract with Giant to provide uniform security service. Although all defendants moved to dismiss the original complaint (ECF No. 7), those motions (ECF Nos. 8, 9, 14, and 15) are now MOOT.

Presently pending are the motions to dismiss or in the alternative for summary judgment of Defendants Wolf and Giant (ECF No. 33) (filed jointly), Officers Miceli and Schwartzman (ECF No. 37), and Baltimore County (ECF No. 38). For the reasons stated below, those motions are treated as motions to dismiss and not motions for summary judgment. For the reasons stated below, the motion of Defendants Wolf and Giant (ECF No. 33) is GRANTED and all claims against Wolf and Giant are DISMISSED WITH PREJUDICE. Accordingly, Wolf's Motion for Exemption from Mediation (ECF No. 11) is MOOT. With respect to Baltimore County, the motion to dismiss (ECF No. 38) is GRANTED, and all claims against Baltimore County are DISMISSED WITH PREJUDICE except for Count VII (failure to train), which is DISMISSED WITHOUT PREJUDICE. For the reasons stated below, the motion of Defendants Officers Miceli and Schwartzman (ECF No. 37) is GRANTED IN PART and DENIED IN PART. Specifically, it is GRANTED with respect to Counts I, VI, VII, VIII, and X, and those counts are DISMISSED WITH PREJUDICE. The Motion of the Officers is DENIED with respect to Counts II (malicious prosecution), III (abuse of process), IV (Articles 24 and 26 of the Maryland Declaration of Rights), V (violation of Second, Fourth, Fifth, and Fourteenth Amendments), and IX (civil conspiracy). Officers Miceli and Schwartzman also moved for leave to file a physical exhibit, which comprised body camera footage allegedly depicting the incident in the Complaint. (ECF No. 17.) Because the pending motions are being construed as motions to dismiss, the motion for leave to file a physical exhibit is DENIED. Plaintiff's Motion to Strike is also DENIED, as the body camera footage was not admitted for the purposes of the motions to dismiss. (ECF No. 46.) Wolf and Giant are not proper defendants in this suit, and Baltimore County enjoys governmental immunity from Schoberg's tort claims. However, Schoberg states a federal and state constitutional claim for illegal search and seizure, illegal use of prosecution and detention, and unreasonable and excessive use of force against the individual defendants. He also states a claim for malicious prosecution, abuse of process, and civil conspiracy against the individual defendants.

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 &amp Decker (U.S.) Inc., 801 F.3d 412, 422 (4th Cir. 2015)). In ruling on a motion for summary judgment, this Court considers the facts and draws all reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris, 550 U.S. 372, 378 (2007). Except where otherwise indicated, the following facts are derived from Plaintiff's Amended Complaint (ECF No. 25) and accepted as true for the purpose of Defendants' Motions to Dismiss.

On July 30, 2019, Defendant Vincent Miceli, a Baltimore County Police Officer, was working in a secondary employment capacity as a security officer for Wolf Professional Security, Inc. at a Giant Food Store (“the Store”) in Catonsville, Maryland. (ECF No. 25 ¶ 12.) Plaintiff Francis Schoberg entered the Store wearing a short sleeved black tee shirt with “POLICE” embroidered on the front and back of the shirt and on each sleeve. (ECF No. 33-6 at 2.) Schoberg also wore gun holster around his waist that had a handgun in it. (Id.) Officer Miceli approached Schoberg as Schoberg was exiting the Store and asked Schoberg what “agency” he worked for. (ECF No. 25 ¶ 18.) Schoberg responded that he worked for “Hire Police.” (Id. ¶ 18.) Officer Miceli replied that he was not familiar with “Hire Police.” (Id. ¶ 19.) Schoberg responded that he was not a police officer and that “Hire Police” is a private company. (Id.) Officer Miceli requested Schoberg's identifying documents, and Schoberg provided his valid Maryland driver's license, a valid private investigator's permit, and a valid Maryland permit to carry a handgun on his person. (Id. ¶ 20.)

Officer Miceli then radioed for backup, and Officer Phillip Schwartzman arrived at the scene. (Id. ¶ 22.) Officers Miceli and Schwartzman called Schoberg's employer to confirm Schoberg's employment status. After confirming his employment, Officers Miceli and Schwartzman placed Schoberg under arrest and confiscated his firearm. (Id. ¶ 24.) Schoberg was charged with impersonation of a police officer. (Id. ¶ 27.) Schoberg was held in the Baltimore County Detention Center without bail for two nights, from July 30 until August 1, 2019, after which he was released to enter the pre-trial process. (Id. ¶ 33.) Baltimore County retained and allegedly continues to retain Schoberg's handgun. (Id. ¶ 38.) On October 22, 2019, the Baltimore County State's Attorney filed a criminal information charging Schoberg with impersonating a police officer, carrying a handgun, and carrying a loaded handgun. (Id. ¶ 39.) On June 30, 2020, the State's Attorney dismissed all charges via nolle prosequi.^[1] (Id. ¶ 41.) Three years later, on June 30, 2023, Schober filed the original complaint in this lawsuit in the Circuit Court for Baltimore County. (ECF No. 7.) At some point prior to the filing of this lawsuit, the State's Attorney's Office allegedly received a listing of security agencies listed with the Maryland State Police that included Schoberg's employer, Hire Police. (ECF No. 25 ¶ 44.)

The original complaint brought seven counts against Defendants Baltimore County, Officer Miceli, Officer Schwartzman, Giant Food LLC, and Wolf Professional Security, Inc. The counts were as follows: (1) false imprisonment (Count I); (2) malicious prosecution (Count II); (3) abuse of process (Count III); (4) violation of Article 24 and Article 26 of the Maryland Declaration of Rights: false arrest (Count IV); (5) Section 1983 claim for violation of Fourth and Fourteenth Amendment rights and privileges regarding illegal search and seizure, illegal use of prosecution and detention, and unreasonable and excessive use of force (Count V); (6) Section 1983 claim for negligent supervision, training, retention, and custom or policy of deliberate indifference (Count VI); and (7) intentional infliction of emotional distress (Count VII). All seven counts were brought against all defendants. On October 20, 2023, Defendants Baltimore County and Officers Miceli and Schwartzman filed a Notice of Removal to this Court based on federal question jurisdiction, 28 U.S.C. § 1331. (ECF No. 5.) All defendants consented to removal. (ECF No. 20.) Defendant Wolf Professional Security, Inc., moved to dismiss, or in the alternative, for summary judgment (ECF No. 8), as did Giant Food LLC (ECF No. 9), Baltimore County (ECF No. 14), and Officers Miceli and Schwartzman (ECF No. 15).

Schoberg then filed an Amended Complaint on November 17, 2023 rendering the previous motions to dismiss (ECF Nos. 8, 9, 14, 15) MOOT. (ECF No. 25.) The ten counts of the Amended Complaint are as follows: (1) false imprisonment (Count I); (2) malicious prosecution (Count II); (3) abuse of process (Count III); (4) violation of Article 24 and Article 26 of the Maryland Declaration of Rights: false arrest, due process (Count IV); (5) violation of Second, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution regarding illegal search and seizure, illegal use of prosecution and detention, and unreasonable and excessive use of force (Count V); (6) Section 1983 claim for...