Barnes v. Montgomery County Maryland, No. 8:2022cv01112 - Document 46 (D. Md. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 12/6/2023. (ols, Deputy Clerk)
Download PDF
<![CDATA[
Barnes v. Montgomery County Maryland Doc. 46 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND OMAR F. BARNES, Plaintiff, Civil No. 22-1112 PJM V. MONTGOMERY COUNTY,etal. Defendants. MEMORANDUM OPINION Omar F. Bames has sued Montgomery County (the "County"), Maryland and the Montgomery County Police Department ("MCPD") for alleged violations of his Fourth Amendment rights under the United States Constitution arising from injuries allegedly inflicted on him by five officers ofthe MCPD in the spring of2019. Defendants have filed a Motion to Dismiss (ECF No. 36) Barnes's Amended Complaint. The Motion has been fully briefed. See ECF Nos. 39,42. The Court finds no hearing necessary. See D. Md. Local R. 105.6. For the reasons that follow, the Court will GRANT Defendants' Motion to Dismiss(ECF No. 36) WITH PREJUDICE as to the Montgomery County Police Department as such and WITHOUT PREJUDICE as to the County, subject to the possible filing of a Second Amended Complaint, as hereinafter discussed. 1. Bames alleges that on the evening of May 7,2019, he was confronted by five plain-clothes MCPD officers at a 7-Eleven convenience store in Silver Spring, Maryland. See ECF No. 34 Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
