United States Fourth Circuit

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Owens v. Baltimore City State's Attorneys Office, 12-2173

In this action brought under 42 U.S.C. section 1983, plaintiff alleges that defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape and murder of a woman. Dismissal of the complaint is: 1) reversed in part, where the statute of limitations on plaintiff's section 1983 claim was found by applying that of an analogous common-law tort, malicious prosecution, which sets the start of the limitations period at the date of the nolle prosequi; 2) plaintiff thus timely filed his complaint; 3) the officers were clearly on notice of the impermissibility of their conduct at the time of the alleged violations; 4) plaintiff pled sufficient factual content against Baltimore City Police Department to survive dismissal; and 5) affirmed in part, where "Baltimore City State's Attorney's Office" is a term of convenience only and is not an entity amenable to suit.

Appellate Information

  • Decided 09/24/2014
  • Published 09/24/2014

Judges

  • Motz

Court

  • United States Fourth Circuit

Counsel