SAVAGE v. MARYLAND

Nos. 17-1636, 17-1779, 17-1989.

896 F.3d 260 (2018)

Franklin SAVAGE, Plaintiff-Appellee, and Kevin Sewell; Lynell Green, Plaintiffs, and United States of America, Intervenor/Plaintiff, v. State of MARYLAND, Defendant-Appellant, and Pocomoke City; Pocomoke City Police Department; Worcester County Sheriff's Office; Department of Maryland State Police; Russell Blake, in his individual capacity only; Ernie Crofoot, individually, and in his official capacity as Pocomoke City Manager; Bruce Morrison, individually, and in his official capacity as Pocomoke City Mayor; Beau Oglesby, in his individual capacity as the Worcester County State's Attorney; Nathaniel Passwaters, in his individual capacity only; Brooks Phillips, individually, and in his official capacity as a Department of Maryland State Police Corporal; Dale Smack, in his individual capacity only; Dale Trotter; Rodney Wells, in his individual capacity only; Patricia Donaldson, individually, and in her official capacity as a Department of Maryland State Police Sergeant; County Commissioners of Worcester County; Reggie T. Mason, in his official capacity as Worcester County Sheriff, Defendants. Howard University School of Law Civil Rights Clinic; Public Justice Center, Amicus Supporting Appellee. Franklin Savage, Plaintiff-Appellant, and Kevin Sewell; Lynell Green, Plaintiffs, and United States of America, Intervenor/Plaintiff, v. Beau Oglesby, in his individual capacity as the Worcester County State's Attorney, Defendant-Appellee, and Pocomoke City; Pocomoke City Police Department; Worcester County Sheriff's Office; Department of Maryland State Police; Russell Blake, in his individual capacity only; Ernie Crofoot, individually, and in his official capacity as Pocomoke City Manager; Bruce Morrison, individually, and in his official capacity as Pocomoke City Mayor; Nathaniel Passwaters, in his individual capacity only; Brooks Phillips, individually, and in his official capacity as a Department of Maryland State Police Corporal; Dale Smack, in his individual capacity only; Dale Trotter; Rodney Wells, in his individual capacity only; Patricia Donaldson, individually, and in her official capacity as a Department of Maryland State Police Sergeant; County Commissioners of Worcester County; Reggie T. Mason, in his official capacity as Worcester County Sheriff; State of Maryland, Defendants. Howard University School of Law Civil Rights Clinic; Public Justice Center, Amici Supporting Appellant. Franklin Savage, Plaintiff-Appellee, and Kevin Sewell; Lynell Green, Plaintiffs, and United States of America, Intervenor/Plaintiff, v. State of Maryland, Defendant-Appellant, and Pocomoke City; Pocomoke City Police Department; Worcester County Sheriff's Office; Department of Maryland State Police; Russell Blake, in his individual capacity only; Ernie Crofoot, individually, and in his official capacity as Pocomoke City Manager; Bruce Morrison, individually, and in his official capacity as Pocomoke City Mayor; Beau Oglesby, in his individual capacity as the Worcester County State's Attorney; Nathaniel Passwaters, in his individual capacity only; Brooks Phillips, individually, and in his official capacity as a Department of Maryland State Police Corporal; Dale Smack, in his individual capacity only; Dale Trotter; Rodney Wells, in his individual capacity only; Patricia Donaldson, individually, and in her official capacity as a Department of Maryland State Police Sergeant; County Commissioners of Worcester County; Reggie T. Mason, in his official capacity as Worcester County Sheriff, Defendants. Howard University School of Law Civil Rights Clinic; Public Justice Center, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 13, 2018.


Attorney(s) appearing for the Case

ARGUED: Jennifer L. Katz , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant/Cross-Appellee. Dennis A. Corkery , WASHINGTON LAWYERS COMMITTEE FOR CIVIL RIGHTS & URBAN AFFAIRS, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Brian E. Frosh , Attorney General, Karen L. Federman Henry , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant/Cross-Appellee. Matthew Handley , WASHINGTON LAWYERS COMMITTEE FOR CIVIL RIGHTS & URBAN AFFAIRS, Washington, D.C.; Deborah A. Jeon , Sonia Kumar , ACLU OF MARYLAND, Baltimore, Maryland; Theodore A. Howard , Brian G. Walsh , Craig Smith , Kendra P. Norwood , WILEY REIN LLP, Washington, D.C., for Appellee/Cross-Appellant. Ajmel Quereshi , HOWARD UNIVERSITY SCHOOL OF LAW, Washington, D.C.; Debra Gardner , PUBLIC JUSTICE CENTER, Baltimore, Maryland, for Amici Curiae.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Wynn and Judge Floyd joined.


These appeals are part of broader litigation alleging pervasive race discrimination and unlawful retaliation against three African-American police officers who worked for Pocomoke City in Worcester County, Maryland. The issues before us today arise from the interactions of one of those plaintiffs, Franklin Savage, with...

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