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ANDREW v. CLARK

Nos. 07-1184, 07-1247.

561 F.3d 261 (2009)

Michael ANDREW, Plaintiff-Appellant, v. Kevin P. CLARK (In his personal capacity); Leonard Hamm, Baltimore Police Commissioner (In his personal and official capacity); Baltimore Police Department; Kenneth Blackwell, Deputy Police Commissioner, Defendants-Appellees. National Fraternal Order of Police; National Employment Lawyers Association; Public Citizen, Inc.; The American Civil Liberties Union of Maryland; Government Accountability Project; Reporters Committee For Freedom of the Press, Amici Supporting Appellant. Michael Andrew, Plaintiff-Appellant, v. Kevin P. Clark (In his personal capacity); Leonard Hamm, Baltimore Police Commissioner (In his personal and official capacity); Baltimore Police Department; Kenneth Blackwell, Deputy Police Commissioner, Defendants-Appellees. National Fraternal Order of Police; National Employment Lawyers Association; Public Citizen, Inc.; The American Civil Liberties Union of Maryland; Government Accountability Project; Reporters Committee For Freedom of the Press, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Howard Benjamin Hoffman, Rockville, Maryland, for Appellant. Bonnie Ilene Robin-Vergeer, Public Citizen Litigation Group, Washington, D.C., for Amici Supporting Appellant. William Rowe Phelan, Jr., Baltimore City Department of Law, Baltimore, Maryland, for Appellees. ON BRIEF: Karen Stakem Hornig, Chief Legal Counsel, Office of Legal Affairs, Baltimore Police Department, Baltimore, Maryland; George A. Nilson, City Solicitor, Baltimore City Department of Law, Baltimore, Maryland, for Appellees. Larry H. James, Christina L. Corl, Lindsay L. Ford, Crabbe, Brown & James, L.L.P., Columbus, Ohio, for National Fraternal Order of Police, Amicus Supporting Appellant.

Vacated and remanded in part and affirmed in part by published opinion. Senior Judge ALARCÓN wrote the opinion, in which Chief Judge WILLIAMS joined. Judge WILKINSON wrote a separate concurring opinion.

OPINION

ALARCÓN, Senior Circuit Judge:

Michael Andrew appeals from the district court's order granting the Defendants' motion to dismiss this 42 U.S.C. § 1983 civil rights action for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Andrew named as defendants two former Baltimore Police Department ("BPD") police commissioners and a BPD deputy police commissioner. Andrew contends that the district court...

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