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BURGESS v. GOLDSTEIN

No. 19-1600, No. 19-1602.

997 F.3d 541 (2021)

Sabein BURGESS, Plaintiff-Appellee, v. Gerald Alan GOLDSTEIN, Defendant-Appellant, and Baltimore Police Department; Detective William Ritz; Daniel Van Gelder; Officer Dale Weese; Officer Richard Purtell; Detective/Sgt. Steven Lehman; Detective Robert Patton; Detective Neverdon; Unknown Employees of the Baltimore Police Department; Mayor and City Council of Baltimore; Kelly Miles, Officer; John Boyd, Officer; John Skinner, Officer; Dean Palmere, Officer; Detective Gerald Alan Goldstein, Defendants. Sabein Burgess, Plaintiff-Appellant, v. Gerald Alan Goldstein, Detective; Baltimore Police Department; Steven Lehman, Detective/Sgt.; Mayor and City Council of Baltimore; William Ritz, Detective; Daniel Van Gelder, Defendants-Appellees, and Dale Weese, Officer; Robert Patton, Detective; Unknown Employees of the Baltimore Police Department; Kelly Miles, Officer; John Boyd, Officer; John Skinner, Officer; Dean Palmere, Officer; Richard Purtell, Officer; Neverdon, Detective, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 14, 2021.

Attorney(s) appearing for the Case

ARGUED: Michael Patrick Redmond , BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellant/Cross-Appellee. Jon Loevy , LOEVY & LOEVY, Chicago, Illinois, for Appellee/Cross-Appellant. ON BRIEF: Andre M. Davis , Rachel A. Simmonsen , BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellant/Cross-Appellee. Gayle Horn , Steven Art , Theresa Kleinhaus , LOEVY & LOEVY, Chicago, Illinois, for Appellee/Cross-Appellant.

Affirmed in part and reversed in part and remanded by published opinion. Judge Quattlebaum wrote the opinion in which Judge Floyd and Judge Thacker joined.

The facts underlying this appeal are dramatic and emotional. They involve unsavory characters from the Baltimore drug underworld, a brutal murder, a wrongful conviction and a $15 million judgment against a Baltimore Police Department officer for withholding and fabricating evidence. But the questions presented to us are...

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