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SMITH v. BALTIMORE CITY POLICE DEPT.

No. 15-1604.

840 F.3d 193 (2016)

Makia SMITH, Plaintiff-Appellant, v. BALTIMORE CITY POLICE DEPARTMENT; Anthony W. Batts, in his official capacity as Commissioner of the Baltimore City Police Department; Officer Nathan Church, in both his official and individual capacity as an officer of the Baltimore City Police Department; Officer Kenneth Campbell, in both his official and individual capacity as an officer of the Baltimore City Police Department, Defendants-Appellees, and Officer William Pilkerton, Jr., in both his official and individual capacity as an officer of the Baltimore City Police Department; Officer Nathan Ulmer, in both his official and individual capacity as an officer of the Baltimore City Police Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 27, 2016.

Attorney(s) appearing for the Case

ARGUED: Lawrence S. Greenberg , GREENBERG LAW OFFICE, Baltimore, Maryland, for Appellant. Suzanne Sangree , BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellees. ON BRIEF: Zebulan P. Snyder , GREENBERG LAW OFFICE, Baltimore, Maryland, for Appellant. George Nilson , City Solicitor of Baltimore City, William R. Phelan , Chief Solicitor, Glenn Marrow , Chief of Police Legal Affairs Division, BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellees.

Reversed and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Keenan and Judge Floyd joined.

Makia Smith ("Smith" or "Appellant") sued the Baltimore City Police Department ("BCPD") and several individual officers pursuant to 42 U.S.C. § 1983 and Maryland law. Smith claimed two officers battered and unlawfully arrested her after they saw her filming them as they arrested a juvenile. At trial, the district court...

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