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OWENS v. BALTIMORE CITY STATE'S ATTORNEYS OFFICE

No. 12-2173.

767 F.3d 379 (2014)

James OWENS, Plaintiff-Appellant, v. BALTIMORE CITY STATE'S ATTORNEYS OFFICE; Marvin Brave, Individually and in his Official Capacity as an Assistant of the Baltimore City State's Attorneys Office; Baltimore City Police Department; Gary Dunnigan, Individually and in his Official Capacity as an Officer and Detective of the Baltimore City Police Department; Jay Landsman, Individually and in his Official Capacity as an Officer and Detective of the Baltimore City Police Department; Thomas Pelligrini, Individually and in his Official Capacity as an Officer and Detective of the Baltimore City Police Department, Defendants-Appellees, and Mayor and City Council of Baltimore, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 2014.

Attorney(s) appearing for the Case

ARGUED: Charles N. Curlett, Jr. , Levin & Curlett LLC, Baltimore, Maryland; Laura Ginsberg Abelson , Brown, Goldstein & Levy, LLP, Baltimore, Maryland, for Appellant. Daniel C. Beck , Baltimore City Law Department, Baltimore, Maryland; Michele J. McDonald , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees. ON BRIEF: Joshua R. Treem , Brown, Goldstein & Levy, LLP, Baltimore, Maryland, for Appellant. Douglas F. Gansler , Attorney General, H. Scott Curtis , Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland; George A. Nilson , Baltimore City Law Department, Baltimore, Maryland, for Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge TRAXLER concurs as to Parts III., IV.A., and V. and dissents as to Parts II. and IV.B., and Judge WYNN concurs, except for Part III. Chief Judge TRAXLER and Judge WYNN each wrote a separate opinion concurring in part and dissenting in part.

DIANA GRIBBON MOTZ, Circuit Judge:

James Owens brought this action under 42 U.S.C. § 1983 against the Baltimore City State's Attorney's Office, an assistant State's Attorney, the Baltimore City Police Department, and several Baltimore City police officers. In his complaint, Owens alleges that the defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape and murder of Colleen Williar. The...

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