* IN THE * CIRCUIT COURT * * * *

Transcription

1 NKEMAKONAM OBINEME 1731 E. Lombard Street Baltimore, MD IN THE iug SF:P 29 PH,(}! 26 CIRCUIT COURT v. Plaintiff, WINFRED MURPHY 242 W. 29th Street Baltimore, Maryland 21211, and JOI-IN DOE 242 W. 29th Street Baltimore, Maryland Defendants. BALTIMORE CITY Case No COMPLAINT AND DEMAND FOR A JURY TRIAL I. On August 5, 2015, Officer Winfred Murphy and an unknown officer ("John Doe") of the Baltimore Police Department made a warrantless and wrongful arrest of Plaintiff Nkemakonam Obineme, a 21-year-old African-American resident of Baltimore City, for the alleged theft of a ditt bike. The officers lacked probable cause, or indeed, any reason to believe that Mr. Obineme had engaged in criminal activity. The charges against Mr. Obineme were dismissed without prosecution. At the time of his arrest, Mr. Obineme was the co-owner of a successful and growing non-profit organization; he had never before had contact with the criminal legal system. Officer Murphy and Officer Doe's actions severely damaged Mr. Obineme's reputation and non-profit business and inflicted significant emotional pain and suffering. Mr. Obineme files this lawsuit to seek justice for the violation of his civil and state constitutional rights and to recover compensation for his economic and emotional injuries.

2 PARTIES 2. PlaintiffNkemakonam Obineme is a citizen of Maryland and a resident of Baltimore City. Mr. Obineme is the co-owner of Blue Lotus OG, a non-profit urban farm that supplies the residents of Baltimore with fresh produce and runs community programs, including youth education and teen mentorship initiatives. Mr. Obineme's workwith Blue Lotus OG has been recognized by the Baltimore Sun, which named him one of their 10 People to Watch Under 30. Mr. Obineme is also an employee ofnextcar Rental at BWI Airport. 3. At all times relevant to this case, Winfred Murphy was a duly appointed law enforcement officer for the Baltimore Police Department. Officer Murphy is a resident and citizen of Maryland. 4. At all times relevant to this case, John Doe was a duly appointed law enforcement officer for the Baltimore Police Department. Officer Doe is a resident and citizen of Maryland. 5. The Baltimore Police Department is an arm of"local government" under Md. Code Ann., Cts. & Jud. Proc. 5-30l(d)(21). JURISDICTION AND VENUE 6. This Court has jurisdiction over this action pursuant to Md. Code Ann., Cts. & Jud. Proc Venue in this Court is proper pursuant to Md. Code Ann., Cts. & Jud. Proc , because Defendants are employed in Baltimore City. FACTS 8. On or about the late afternoon or evening ofaugust 5, 2015, Nkemakonam Obineme, an African-American resident of Baltimore City, was returning home from work and walking in or about the 1300 block ofargyle Avenue in Baltimore. At that time, he encountered 2

3 two young African-American men, Troy Caldwell and Dante (last name unknown), struggling to lift a broken dirt bike onto the sidewalk. Mr. Obineme stopped to help. 9. While Mr. Obineme was helping Troy and Dante, Officers Murphy and Doe approached the three men and told them to sit on the curb. One officer stated, "We stopped you because nobody ran." 10. The officers inspected the dhi bike and asked Mr. Obineme, Troy, and Dante where they had gotten it. Troy truthfully informed the officers that he had found it. Mr. Obineme explained that he was just passing by. 11. The officers bound the hands of the three men with zip ties and handcuffed them to each other. 12. The officers then took the serial number from the bike and made a phone call. The officers then informed Mr. Obineme, Troy, and Dante that the bike had been stolen in Canada. One officer asked the other, "Which one are we taking?" The officers arrested Mr. Obineme, but released Troy and Dante. 13. Mr. Obineme was arrested and detained at Central Booking for the night of August 5 to August 6, On August 6, 2015, Officer Murphy completed a statement of probable cause. 15. Mr. Obineme was released on August 6, 2015, and charged with Theft under Md. Code Ann., Crim. Law 7-104, Unlawful Taking of a Motor Vehicle under 7-105, and Unauthorized Removal of Property under On October 21, 2015, the Honorable Diana A.E. Smith entered a verdict of nolle prosequi for Mr. Obineme on every charge. 3

4 17. Officers Murphy and Doe were aware at the time of the arrest, and at the time Officer Murphy filled out his statement ofprobable cause and caused Mr. Obineme to be charged, that the dirt bike found near Mr. Obineme had been stolen over a year prior. In fact, the complaint regarding the bike was so old that when Officer Murphy attempted to process the arrest, he was unable to use the original complaint number and had to generate a new one. At the time they arrested Mr. Obineme, Officers Murphy and Doe also appeared to believe that the bike had been stolen in Canada, and they had no reason to believe that Mr. Obineme, a Baltimore resident, was involved in the theft or knew that the bike had been stolen. 18. At the of the arrest and certainly at the time Officer Murphy filled out his statement of probable cause and caused Mr. Obineme to be charged, Officers Murphy and Doe also were aware that the owner of the bike had, at the time of making the complaint, identified the thief as "Cortez Brown," a 15-year-old male who was 5 feet tall and weighed 80 pounds. At the time of his arrest, Mr. Obineme was 21 years old, stood 6 feet, 5 inches tall, and weighed 208 pounds - about five years older than the suspect, more than a foot and a half taller, and well over twice the weight. 19. At the time ofthe arrest, and at the time Officer Murphy caused charges to be filed against Mr. Obineme, Officers Murphy and Doe lacked probable cause to arrest or institute criminal proceedings against Mr. Obineme. 20. As a result of his arrest and the criminal proceedings against him, Mr. Obineme missed four days ofwork at his job. He no longer felt safe in his neighborhood and was forced to move. 4

5 21. Mr. Obineme also has suffered from the damage done to his reputation. Despite his successful non-profit work, following his arrest, Baltimore City Public Schools severed its paitnership with Mr. Obineme and Blue Lotus OG, a devastating blow to his business. 22. Mr. Obineme's injuries also include emotional pain and suffering. He was forced to disclose his arrest to his boss in order to receive time off from work to attend co mt. He has had no previous encounters with the criminal legal system, and this experience has been painful and humiliating. 23. On or about June 24, 2016, Mr. Obineme provided notice of his claim in accordance with the Local Government Tort Claims Act to the Baltimore City Solicitor and the Baltimore City Police Department. COUNT I Violation of Article 24 of the Maryland Declaration of Rights 24. Plaintiff incorporates by reference all allegations of all preceding paragraphs. 25. ' By detaining, handcuffing, and arresting Mr. Obineme and causing charges to be filed against him without probable cause and without Mr. Obineme's consent, Officers Murphy and Doe deprived Mr. Obineme of the rights, privileges, and immunities guaranteed to him under Article 24 of the Maryland Declaration of Rights. 26. The actions of Officers Mmphy and Doe constituted!mowing and deliberate wrongdoing and/or were done with ill will, improper motivation, or evil purpose. 27. As a direct and proximate result of the conduct of Officers Murphy and Doe in wrongfully handcuffing and arresting him and causing him to be charged, Mr. Obineme suffered emotional pain, injury, and distress, as well as reputational and economic damages. 5

6 COUNT II False Arrest 28. Plaintiff incorporates by reference all allegations of all preceding paragraphs. 29. At the time Mr. Obineme was detained, handcuffed, and arrested, Officers Murphy and Doe had no rational reason to believe Mr. Obineme was committing or had committed any offense. Officers Murphy and Doe had no legal justification to detain, handcuff, or arrest Mr. Obineme. 30. The arrest of Mr. Obineme was made without warrant, consent, or probable cause. 31. The arrest of Mr. Obineme constituted knowing and deliberate wrongdoing and/or was done with ill will, improper motivation, or evil purpose. 32. As a direct and proximate result of the conduct of Officers Murphy and Doe in wrongfully arresting him, Mr. Obineme suffered emotional pain, injury, and distress, as well as reputational and economic damages. COUNT III False Imprisonment 33. Plaintiff incorporates by reference all allegations of all preceding paragraphs. 34. At the time Mr. Obineme was detained, handcuffed, and arrested, Officers Murphy and Doe had no rational reason to believe Mr. Obineme was committing or had committed any offense. Officers Murphy and Doe had no legal justification to detain, handcuff, or arrest Mr. Obineme. 35. The arrest of Mr. Obineme was made without warrant, consent, or probable cause. 36. The arrest of Mr. Obineme constituted knowing and deliberate wrongdoing and/or was done with ill will, improper motivation, or evil pmpose. 6

7 37. As a direct and proximate result ofthe conduct of Officers Murphy and Doe, Mr. Obineme was detained overnight from August 5, 2015, to August 6, 2015, at Central Booking. 38. As a direct and proximate result ofthe conduct of Officers Murphy and Doe in falsely imprisoning him, Mr. Obineme suffered emotional pain, injury, and distress, as well as reputational and economic damages. COUNT IV Malicious Prosecution 39. Plaintiff incorporates by reference all allegations of all preceding paragraphs. 40. Officers Murphy and Doe initiated a criminal proceeding against Mr. Obineme when they arrested him and caused him to be charged. At the time oftheir actions, Officers Murphy and Doe had no rational reason to believe Mr. Obineme was committing or had committed any offense. The criminal proceeding was instituted against him without legal justification. 41. The criminal proceeding against Mr. Obineme was resolved in his favor on October 21, 2015, when a verdict of nolle prosequi was entered for him on every charge. 42. The arrest and causing of charges to be filed against Mr. Obineme constituted knowing and deliberate wrongdoing, and/or were done with ill will, improper motivation, or evil purpose. 43. As a direct and proximate result of the conduct of Officers Murphy and Doe in wrongfully arresting him and causing charges to be filed against him, Mr. Obineme suffered emotional pain, injury, and distress, as well as reputational and economic damages. 7

8 COUNTY Battery 44. Plaintiff incorporates by reference all allegations ofall preceding paragraphs. 45. The actions of Officers Murphy and Doe in binding Mr. Obineme's wrists with a zip tie, handcuffing him, and arresting him constituted an intentional, unwelcome, and unprivileged touching of Mr. Obineme. 46. The actions of Officers Murphy and Doe constituted knowing and deliberate wrongdoing, and/or were done with ill will, improper motivation, or evil purpose. 47. As a direct and proximate result of the conduct of Officers Murphy and Doe, Mr. Obineme suffered emotional pain, injury, and distress, as well as reputational and economic damages. WHEREFORE, Mr. Obineme demands judgment against Officers Murphy and Doe for compensatory damages in excess of$75,000 and additional punitive damages in excess of $75,000, with costs and any and all other further relief as this Court may deem just and proper. Date: September 29, 2016 Respectfully submitted, r;j. /}./_/] /-"../:,. _!_./~--r 'i"7 /'\Ii/_,}:c::..._ Daniel F. Goldstein Abigail A. Graber Brown, Goldstein & Levy, LLP 120 E. Baltimore Street, Suite 1700 Baltimore, Maryland Tel: (410) Fax: (410) dfg@browngold.com agraber@browngold.com Attorneys/or Plaintiff 8

9 DEMAND FOR JURY TRIAL Pursuant to Rule 2-325, Plaintiff hereby demands a trial by jury in conjunction with the above referenced case. Respectfully submitted, Daniel F. Goldstein Abigail A. Graber Brown, Goldstein & Levy, LLP 120 E. Baltimore Street, Suite 1700 Baltimore, Maryland Tel: (410) Fax: (410) dfg@browngold.com agraber@browngold.com Attorneysfor Plaintiff 9