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HUMBERT v. MAYOR & CITY COUNCIL OF BALTIMORE CITY

No. 15-1768, No. 15-2461.

866 F.3d 546 (2017)

Marlow HUMBERT, Plaintiff-Appellant, v. MAYOR AND CITY COUNCIL OF BALTIMORE CITY; Sheila Dixon, former Mayor of the City of Baltimore, in her individual capacity; Baltimore City Police Department; Frederick Bealefeld, Police Commissioner Individually and as Police Commissioner, Baltimore City Police Department; Dominick Griffin, Detective Individually and as Police Officer, Baltimore City Police Department; Michael Brassell, Police Officer Individually and as Police Officer, Baltimore City Police Department; Cinese Caldwell, Laboratory Technician individually and as Police Officer, Baltimore City Police Department; John and Jane Does 1-20, Individually and as currently unknown Police Officers, Baltimore City Police Department; Richard and Jane Roes 1-20, Individually and as currently unknown Baltimore City Police Department Supervisors, Defendants-Appellees, and Chris Jones, Detective Sergeant Individually and as Police Officer, Baltimore City Police Department; Martin O'Malley, Individually and as Governor of the State of Maryland and former Mayor of the City of Baltimore; Keith Merryman, Detective Individually and as Police Officer, Baltimore City Police Department; Caprice Smith, Detective Individually and as Police Officer, Baltimore City Police Department, Defendants. Marlow Humbert, Plaintiff-Appellant, v. Baltimore City Police Department; Frederick Bealefeld, Police Commissioner Individually and as Police Commissioner, Baltimore City Police Department; Sheila Dixon, former Mayor of the City of Baltimore, in her individual capacity; Mayor and City Council of Baltimore City, Defendants-Appellees, and Michael Brassell, Police Officer Individually and as Police Officer, Baltimore City Police Department; Cinese Caldwell, Laboratory Technician individually and as Police Officer, Baltimore City Police Department; Dominick Griffin, Detective Individually and as Police Officer, Baltimore City Police Department; John and Jane Does, Individually and as currently unknown Police Officers, Baltimore City Police Department; Keith Merryman, Detective Individually and as Police Officer, Baltimore City Police Department; Martin O'Malley, Individually and as Governor of the State of Maryland and former Mayor of the City of Baltimore; Richard and Jane Roes 1-20; Chris Jones, Detective Sergeant Individually and as Police Officer, Baltimore City Police Department; Caprice Smith, Detective Individually and as Police Officer, Baltimore City Police Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 7, 2017.

Attorney(s) appearing for the Case

ARGUED: Charles Henry Edwards, IV , LAW OFFICE OF BARRY GLAZER, LLP, Baltimore, Maryland, for Appellant. Suzanne Sangree , BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellees. ON BRIEF: George Nilson , City Solicitor, Kara Lynch , Assistant Solicitor, Colin Glynn , Assistant Solicitor, BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellees.

Reversed in part, vacated in part, and remanded with instructions by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Thacker and Judge Harris joined.

For over a year, Appellant Marlow Humbert languished in pretrial solitary confinement, charged with committing a heinous act of sexual assault. The questionable investigatory strategies of Baltimore City Police Department ("BPD") officers led to Humbert's unlawful arrest. Afterwards, the officers failed to inform the State...

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