Case details

Court: mdd
Docket #: 1:90-cv-02324
Case Name: Harvey Sr. v. Baltimore County, et al
PACER case #: 47263
Date filed: 1990-08-31
Date terminated: 1993-10-01
Date of last filing: 1994-05-31

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1990-08-31 1 0 Jury Demand DEMAND for jury trial by Amos G. Harvey Sr. (cmh, Deputy Clerk)
1990-09-03 2 0 Summons Issued SUMMONS(ES) issued for Baltimore County, Anthony E. Difabbio - Officer, James M. Graham - Officer (cmh, Deputy Clerk) Modified on 03/23/1991
1990-09-25 3 0 Summons Returned Executed RETURN OF SERVICE executed as to Anthony E. Difabbio - Officer, James M. Graham - Officer 9/21/90 Answer due on 10/11/90 for James M. Graham - Officer, for Anthony E. Difabbio - Officer (cmh, Deputy Clerk)
1990-10-03 4 0 Motion to Dismiss MOTION by Baltimore County, Anthony E. Difabbio - Officer, James M. Graham - Officer to Dismiss for Failure to State a Claim, Memorandum and Exhibit A (cmh, Deputy Clerk) Modified on 03/23/1991
1990-10-25 5 0 Order ORDER granting [5-1] motion to Extend Time within which to file an Answer to Motion of Defendants, Baltimore County, Maryland, Officer James M. Graham and Officer Anthony E. DiFabbio, to Dismiss for Failure to State a Claim, Response to Motion reset to 11/26/90 for [4-1] motion to Dismiss for Failure to State a Claim, Memorandum and Exhibit A ( signed by Judge Walter E. Black Jr. ) (c/m 10/25/90 cr) (cmh, Deputy Clerk)
1990-11-27 6 0 Response to Motion RESPONSE by Amos G. Harvey Sr. to [4-1] motion to Dismiss for Failure to State a Claim, Memorandum and Exhibit A (cmh, Deputy Clerk)
1990-12-26 7 0 Motion to Compel MOTION by Baltimore County, James M. Graham - Officer, Anthony E. DiFabbio - Officer, Unidentified Officers to Compel discovery , or, in the Alternative, for Sanctions for failure to provide discovery (mdd, Deputy Clerk) Modified on 03/23/1991
1990-12-27 8 0 Response in Opposition RESPONSE by Amos G. Harvey Sr. in opposition to [7-1] motion to Compel discovery, [7-2] motion for Sanctions for failure to provide discovery and exhibit a (mdd, Deputy Clerk)
1991-02-21 9 0 Motion for Protective Order MOTION by Baltimore County, James M. Graham - Officer, Anthony E. DiFabbio - Officer for Protective Order and Exhibit A (cmh, Deputy Clerk) Modified on 03/23/1991
1991-03-08 10 0 Response in Opposition to Motion MEMORANDUM by Amos G. Harvey Sr. in opposition to [9-1] motion for Protective Order and Exhibit A (mdd, Deputy Clerk)
1991-03-08 11 0 Response to Motion RESPONSE by Amos G. Harvey Sr. to [9-1] motion for Protective Order and Exhibit A (mdd, Deputy Clerk)
1991-03-08 12 0 Response in Support of Motion SUPPLEMENTAL MEMORANDUM by Amos G. Harvey Sr. in support of [10-1] opposition memorandum and exh. A-C (mdd, Deputy Clerk)
1991-03-25 13 0 Order ORDER dated March 22, 1991 granting in part, denying in part [4-1] motion to Dismiss for Failure to State a Claim as follows: (a) "GRANTING" Motion as follows: (1) Counts I and II are dismissed with leave to amend with regard to defendant Baltimore County, Maryland; (2) Count III is dismissed in its entirety with leave to amend; (3) Counts IV, V and VI are dismissed as to defendant Baltimore County, Maryland; (4) Count VI is dismissed with leave to amend as to the police officer defendants; and (b) "DENYING" Motion in all other respects; and (2) "DIRECTING" that Plaintiff shall file any amended complaint in response to this Order within twenty (20) days of the date of this Order. ( signed by Judge Walter E. Black Jr. ) (c/m 3/26/91) (cmh, Deputy Clerk)
1991-04-03 14 0 Remark Transcript of proceedings before the Court (Black, C.J.) on March 22, 1991. (cmh, Deputy Clerk)
1991-04-08 15 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE to Magistrate Clarence E. Goetz for Hearing and determination of nondispositive pretrial matters as follows: All, Paper 7, Motion to Compel Discovery or, in the alternative for Sanctions for failure to provide Discovery (may be moot) and Paper 9, Defendant's Motion for Protective Order ( signed by Judge Walter E. Black Jr. ) (c/m hsg 4/8/91) (mdd, Deputy Clerk)
1991-04-10 16 0 Jury Demand DEMAND for jury trial by Amos G. Harvey Sr. (cmh, Deputy Clerk)
1991-04-19 17 0 Motion to Compel MOTION by Amos G. Harvey Sr. for Order Compelling Discovery , and for Sanctions for Failure to Provide Discovery (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1991-04-29 18 0 Motion to Dismiss MOTION with memorandum in support by James M. Graham - Officer, Anthony E. DiFabbio - Officer, Balto County, Md. to Dismiss First Amended Complaint (cmh, Deputy Clerk)
1991-05-06 19 0 Answer to Amended Complaint ANSWER by James M. Graham - Officer, Anthony E. DiFabbio - Officer (Attorney H. Emslie Parks) to amended complaint (cmh, Deputy Clerk)
1991-05-08 20 0 Response to Motion RESPONSE by Amos G. Harvey Sr. to [18-1] motion to Dismiss First Amended Complaint for Failure to State A Claim. (c/s) (mdd, Deputy Clerk)
1991-05-31 21 0 Order MEMORANDUM AND ORDER ( signed by Magistrate Judge Clarence E. Goetz ) "DIRECTING" that the Court will not consider either Motion of Defendants to Compel Discovery and Motion of Defendants for Protective Order as therein set forth; and "DIRECTING" that counsel are hereby ordered to comply with Local Rule 104.7. (c/m 5/31/91 by Chambers) (cmh, Deputy Clerk)
1991-10-15 22 0 Order ORDER dated October 11, 1991 granting in part, denying in part [18-1] motion to Dismiss First Amended Complaint as follows: "GRANTING" Motion with respect to Count III and "DENYING" Motion in all other respects. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 10/15/91 am) (cmh, Deputy Clerk)
1991-10-15 23 0 Scheduling Order SCHEDULING ORDER setting Discovery cutoff 4/15/92 ; Joining of parties,amending of pleadings on 4/15/92 ; Deadline for filing a joint status report in Chambers by 4/15/92 ; Deadline for filing of all motions for summary judgment by 5/15/92 ; ( signed by Chief Judge Walter E. Black Jr. ) (c/m by Chambers) (cmh, Deputy Clerk)
1991-11-07 24 0 Answer to Amended Complaint ANSWER by Balto County, Md. (Attorney H. Emslie Parks) to amended complaint (cmh, Deputy Clerk)
1992-02-19 25 0 Order ORDER ( signed by Magistrate Judge Clarence E. Goetz ) (1) "DIRECTING" that defendant Baltimore County shall make available to plaintiff's counsel and/or his associates its Internal Affairs files as set forth in Interrogatories No. 1, 2, 6, 7 and 14; (2) "DIRECTING" that defendant Baltimore County shall make available to plaintiff's counsel and/or his associates the log books which identify the type of complaint which caused the investigation to be opened by the Internal Affairs Division; (3) "DIRECTING" that defendant Baltimore County shall produce to plaintiff's counsel the Internal Affairs file involving the plaintiff's complaint which is the subject of this lawsuit, except that portion of the file which contains the mental impressions and conclusions of the investigators and/or the decision makers; (4) "DIRECTING" that defendant Baltimore County shall produce in camera the complete investigative file referred to in number three above and shall indicate which portions were withheld from plaintiff's counsel; (5) "DIRECTING" that the file referred to in numbers three and four above shall be produced within 15 days from the date of this Order; and (6) "DIRECTING" that after review of the file in camera, the undersigned shall determine whether the remainder of the file will be produced to plaintiff's counsel. (c/m 2/19/92 by Chambers) (cmh, Deputy Clerk)
1992-03-06 26 0 Order ORDER (letter) ( signed by Magistrate Judge Clarence E. Goetz ) dated March 6, 1992 "SEALING" the material described herein as a court exhibit for possible review by the Court of Appeals should that become necessary after trial. (c/m by Chambers) (cmh, Deputy Clerk)
1992-03-06 27 0 Document Sealed SEALED DOCUMENT (cmh, Deputy Clerk)
1992-04-16 28 0 Order ORDER dated April 15, 1992 granting [28-1] joint motion to Extend Time within which the parties may complete discovery, and reset Discovery deadline to 5/15/92 and "DIRECTING" that a joint status report be submitted in accordance with Section III of the Scheduling Order dated October 15, 1991. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 4/16/92 cr) (cmh, Deputy Clerk)
1992-05-19 29 0 Order INFORMAL LETTER ORDER "DIRECTING" counsel to file a report pursuant to Section III of the Scheduling order on or before 5/28/92. ( signed by Chf Judge Walter E. Black Jr. 5/19/92) (c/m 5/19/92-chambers) (mdd, Deputy Clerk)
1992-06-04 30 0 Motion for Summary Judgment MOTION with memorandum in support by Anthony E. DiFabbio - Officer, Balto County, Md. for Partial Summary Judgment and Exhibit A. (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1992-06-10 31 0 Response to Motion RESPONSE (Answer) by Amos G. Harvey Sr. to [30-1] motion of Defendants Officer Anthony E. DiFabbio and Baltimore County, Maryland for Partial Summary Judgment, Memorandum and Exhibits A through G. (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1992-07-06 32 0 Reply to Response to Motion REPLY by Balto County, Md., et al to response of Plaintiff to [30-1] motion by Defendants Anthony E. DiFabbio-Officer, Baltimore County, Maryland for Partial Summary Judgment and Exhibit A. (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1992-10-14 33 0 Order MARGINAL ORDER dated 10/09/92 "denying" as MOOT [7-1] motion of defendants to Compel discovery "denying" as MOOT [7-2] motion of defendants for Sanctions for failure to provide discovery ( signed by Chf Judge Walter E. Black Jr. ) (c/m 10/14/92 am) (mdd, Deputy Clerk)
1992-10-14 34 0 Order MARGINAL ORDER dated 10/09/92 "denying" as MOOT [9-1] motion of defendants for Protective Order and Exhibit A ( signed by Chf Judge Walter E. Black Jr. ) (c/m 10/14/92 am) (mdd, Deputy Clerk)
1992-10-14 35 0 Order MARGINAL ORDER dated 10/09/92 "denying" as MOOT [17-1] motion of plaintiffs for Order Compelling Discovery "denying" as MOOT [17-2] motion of plaintiffs for Sanctions for Failure to Provide Discovery ( signed by Chf Judge Walter E. Black Jr. ) (c/m 10/14/92 am) (mdd, Deputy Clerk)
1992-10-14 36 0 Order ORDER dated 10/13/92 "granting" in part,"denying" in part [30-1] motion of defendants DiFabbio and Baltimore County for Partial Summary Judgment; "granting" motion with respect to defendant Baltimore Couty as to Counts I and II; "granting" motion with respect to defendant Unidentified Baltimore County Police Officers; "denying" motion in all other respects; "dismissing" as party defendants, defendants Unidentified Baltimore County Police Officers; and "directing" that remaining claims are Counts I, II, IV, V, and VI against defendants James Graham and Anthony DiFabbio and Coun VII against defendant Baltimore County. ( signed by Chf Judge Walter E. Black Jr. ) (c/m 10/14/92 am) (mdd, Deputy Clerk)
1992-10-14 37 0 Scheduling Order SUPPLEMENTAL SCHEDULING ORDER dated 10/13/92 ( signed by Chf Judge Walter E. Black Jr. ) (c/m 10/14/92 am) (mdd, Deputy Clerk)
1993-01-29 38 0 Pretrial Order PRETRIAL ORDER filed ( signed by Chief Judge Walter E. Black Jr. ) dated January 28, 1993. (c/m 1/29/93 cr) (cmh, Deputy Clerk)
1993-02-05 39 0 Scheduling Order SECOND SUPPLEMENTAL SCHEDULING ORDER dated February 4, 1993 setting Jury trial set for 10:00 6/7/93 in Courtroom 7A ; If the case is to be settled, it shall be settled on or before 6/4/93 as therein set forth ; Proposed voir dire questions, proposed instructions, motions in limine, objections to de bene esse depositions, proposed special interrogatories to the jury, etc. should be submitted in Chambers by Wednesday, 6/2/93 at 2:00. ( signed by Chief Judge Walter E. Black Jr. ) (c/m by Chambers) (cmh, Deputy Clerk)
1993-06-03 40 0 Motion to Quash MOTION by Baltimore County, Maryland, Det. Gerald Brooks, Officer James M. Graham, Officer Anthony E. DiFabbio to Quash Subpoena Duces Tecum , and Exhibits A and B. (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1993-06-03 41 0 Motion in Limine MOTION by Officer James M. Graham and Officer Anthony E. DiFabbio in Limine to Pass an Order Limiting the Scope of the Evidence and Testimony to be Presented at the Trial of These Proceedings (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1993-06-08 42 0 Voir Dire Questions Proposed Voir Dire Questions by Amos G. Harvey Sr. (Received in Chambers 6/2/93) (cmh, Deputy Clerk)
1993-06-08 43 0 Voir Dire Questions Proposed Voir Dire Questions by Balto County, Md., Anthony E. DiFabbio - Officer, James M. Graham - Officer (cmh, Deputy Clerk)
1993-06-09 44 0 Order MARGINAL ORDER "DENYING" Request of Defendant RE: Preliminary Ruling by the Court Limiting the Claims of the Plaintiff for Damages to those Claims for Physical Injuries, as therein set forth ( signed by Chf Judge Walter E. Black Jr. 6/8/93). (c/m 6/9/93-am) (For Pleading #44 See #38) (cdl, Deputy Clerk)
1993-06-09 45 0 Order ORDER (Marginal) dated June 8, 1993 denying as moot [40-1] motion by defendants Baltimore County, Maryland, Det. Gerald Brooks, Officer James M. Graham and Officer Anthony E. DiFabbio to Quash Subpoena Duces Tecum. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 6/9/93 am) (For Pleading #45 - See Pleading #40) (cmh, Deputy Clerk)
1993-06-09 46 0 Order ORDER (Marginal) dated June 8, 1993 granting in part, denying in part [41-1] motion by defendants Officer James M. Graham and Officer Anthony E. DiFabbio in Limine to Pass an Order Limiting the Scope of the Evidence and Testimony to be Presented at the Trial of These Proceedings as follows: "GRANTING" motion with respect to references to the Internal Affairs investigation during opening statements and "DENYING" motion in all other respects. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 6/9/93 am) (For Pleading #46 - See Pleading #41) (cmh, Deputy Clerk)
1993-08-04 47 0 Remark Special Verdict Form and Answers thereto read by the Clerk. (cmh, Deputy Clerk)
1993-08-04 48 0 Order ORDER ( signed by Chief Judge Walter E. Black Jr. ) dated August 4, 1993 "RETURNING" the physical exhibits to the custody of and retained by counsel who offered them, pending appeal. (c/m 8/9/93 cr) (cmh, Deputy Clerk)
1993-08-04 49 0 Order ORDER ( signed by Chief Judge Walter E. Black Jr. ) dated August 4, 1993 "DIRECTING" that the United States Marshal is to provide meals, lodging or refreshments for the jury and bailiff while the jury is deliberating. (c/s Financial Section) (cmh, Deputy Clerk)
1993-08-04 50 0 Exhibit List Exhibit list by Amos G. Harvey Sr. (cmh, Deputy Clerk)
1993-08-04 51 0 Exhibit List Exhibit list by James M. Graham - Officer, Anthony E. DiFabbio - Officer, Balto. County, Md. (cmh, Deputy Clerk)
1993-08-10 52 0 Judgment JUDGMENT dated August 9, 1993 "ENTERED" in favor of plaintiff Amos G. Harvey Sr. against defendant James M. Graham - Officer on each of Counts I, IV, V and VI; "AWARDING" Plaintiff Forty Thousand Dollars ($40,000) in Compensatory Damages, and Eighty Thousand Dollars ($80,000) in Punitive Damages, with costs; and "ENTERING" Judgment pursuant to Rule 54(b) F.R.Civ.P. since there is no just reason for delay. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 8/10/93 cr) (cc judgment box) (microfilmed 8/10/93) (3.58%) (cmh, Deputy Clerk)
1993-08-13 53 0 Motion for New Trial MOTION with memorandum in support by James M. Graham - Officer for New Trial , or, in the Alternative, to Strike, Alter or Amend the [52-1] judgment order , or, in the Alternative, for Directed Verdict , and/or for Judgment Not Withstanding the Verdict , Exhibit A, and Request for Hearing. (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1993-08-24 54 0 Response to Motion RESPONSE by Amos G. Harvey Sr. to [53-1] motion of defendant Officer James M. Graham for New Trial, or, in the Alternative, [53-2] motion to Strike, Alter or Amend the [52-1] judgment order, or, in the Alternative, [53-3] motion for Directed Verdict, and/or [53-4] motion for Judgment Not Withstanding the Verdict. (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1993-08-27 55 0 Motion for Attorney Fees MOTION by Amos G. Harvey Sr. for Attorney Fees and expenses and exhibits 1 thru 7. (c/s to Mag. Goetz and chambers) (mdd, Deputy Clerk)
1993-09-22 56 0 Response to Motion RESPONSE by James M. Graham - Officer to [55-1] motion of Plaintiff for Attorneys' Fees and Expenses, and Memorandum. (c/s Mag. Judge Goetz and Chambers) (cmh, Deputy Clerk)
1994-02-01 57 0 Memorandum Opinion MEMORANDUM OPINION ( signed by Chief Judge Walter E. Black Jr. ) dated February 1, 1994. (c/m 2/1/94 am) (cmh, Deputy Clerk)
1994-02-01 58 0 Order ORDER dated February 1, 1994 denying [53-1] motion of defendant James M. Graham - Officer for New Trial; or, in the Alternative, denying [53-2] motion to Strike, Alter or Amend the [52-1] judgment order; or, in the Alternative, denying [53-3] motion for Directed Verdict; and/or denying [53-4] motion for Judgment Notwithstanding the Verdict. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 2/1/94 am) (cmh, Deputy Clerk)
1994-02-15 59 0 Notice of Appeal NOTICE OF APPEAL by James M. Graham - Officer. Fee Status: filing fee paid Appeal record due on 3/17/94 (jmk, Deputy Clerk) Modified on 02/16/1994
1994-03-03 60 0 Remark Copy of Docketing Statement with Attachments and transcript order forms of Defendant James M. Graham - Officer, ordering transcripts as therein set forth. (jmk, Deputy Clerk)
1994-03-07 61 0 Order ORDER ( signed by Chief Judge Walter E. Black Jr. ) dated March 7, 1994 "DIRECTING" that defendant James M. Graham shall pay to plaintiff attorneys' fees and related expenses in the amount of Fifty-Five Thousand Four Hundred Fifty-Three Dollars and Ninety-Eight Cents ($55,453.98). (c/m 3/7/94 cmh) (cmh, Deputy Clerk)
1994-03-14 62 0 Notice of Appeal AMENDED NOTICE OF APPEAL by James M. Graham - Officer . Appeal record due on 4/13/94 (jmk, Deputy Clerk)
1994-03-22 63 0 Order ORDER ( signed by Chief Judge Walter E. Black Jr. ) dated March 19, 1994 "DIRECTING" that defendant Graham be indemnified by Baltimore County with respect to the payment of any final judgments and any final awards of counsel fees, expenses and costs that may be entered against him. (c/m 3/22/94 ts) (cmh, Deputy Clerk)
1994-03-29 64 0 Notice of Appeal AMENDED NOTICE OF APPEAL by James M. Graham - Officer . Appeal record due on 4/28/94 (jmk, Deputy Clerk) Modified on 04/04/1994
1994-04-01 65 0 Transcript - Appeal TRANSCRIPT filed [64-1], [62-1], [59-1] appeal by James M. Graham - Officer for dates of August 2, 3 and 4, 1993 (filed separately). (jmk, Deputy Clerk)
1994-04-07 66 0 Transcript - Appeal TRANSCRIPT filed [64-1] appeal by James M. Graham - Officer, [62-1] appeal by James M. Graham - Officer, [59-1] appeal by Balto County, Md., Anthony E. DiFabbio - Officer, James M. Graham - Officer for dates of March 4, l994 Appeal record due on 4/22/94 (Filed separtely) (mdd, Deputy Clerk)
1994-04-18 67 0 Certificate of Clerk Copy of Certificate of Clerk certifying record as complete for appeal purposes for [64-1] appeal, [62-1] appeal, [59-1] appeal (mdd, Deputy Clerk)
1994-05-05 68 0 Remark Copy of Transcript purchase order form. -> (Received at U.S. District Court on March 30, 1994): (mdd, Deputy Clerk) Modified on 06/01/1994
1994-05-31 69 0 Order Attested copy of the Order of the U.S. Court of Appeals, for the Fourth Circuit, "DISMISSING" the Appeal, with prejudice, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. (jmk, Deputy Clerk) Modified on 06/01/1994