BRUETTE v. MONTGOMERY COUNTY, MARYLAND

No. Civ. JFM-00-2324.

197 F.Supp.2d 354 (2002)

Jeffrey Scott BRUETTE, et al. v. MONTGOMERY COUNTY, MARYLAND, et al.

United States District Court, D. Maryland.

March 26, 2002.


Attorney(s) appearing for the Case

Douglas Tyrka, Rosenau and Rosenau, Washington, DC, for Jeffrey Scott Bruette.

Kenneth H. Rosenau, Rosenau and Rosenau, Washington, DC, for Prism Multimedia, Inc.

Charles Lowell Frederick, Joann Robertson, Patricia P. Via, Office of County solicitor, Rockville, MD, for Montgomery County, Maryland, Douglas M. Duncan, Montgomery County Police Dept., Errol Birch, Donald Inman.

J. Joseph Curran, Jr., Deborah M. Levine, Office of Atty. Gen., Baltimore, MD, for State of Maryland, Alex Foster.


OPINION

MOTZ, District Judge.

This action is brought against Errol Birch, a detective with the Montgomery County Police Department, and Montgomery County, Maryland.1 It arises out of the arrest of the two individual plaintiffs, Jeffrey Scott Bruette and Brian Michael Kuehn, for having videotaped a seventeen year old, J.C., performing sexual acts with their two dogs.2 It is undisputed that the

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