Middleton v. Koushall et al
Plaintiff: Henrietta Middleton
Defendant: Baltimore City Police Department, Lieutenant Jason Yerg, Gary Tuggle, Sergeant Marlon Koushall and Mayor & City Council of Baltimore
Case Number: 1:2020cv03536
Filed: December 7, 2020
Court: US District Court for the District of Maryland
Presiding Judge: Ellen L Hollander
Referring Judge: Ellen Lipton Hollander
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 ef Fed. Question: Civil Rights Violation (Excess Force)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2022 Opinion or Order Filing 49 REPLY to Response to Motion re #45 MOTION to Dismiss (Partial) Plaintiff's Second Amended Complaint and Demand For Jury Trial filed by Marlon Koushall, Jason Yerg.(Goldberg, Stuart)
March 17, 2022 Opinion or Order Filing 48 REPLY to Response to Motion re #44 MOTION to Dismiss for Failure to State a Claim filed by Gary Tuggle.(Ashe, Kyle)
March 14, 2022 Opinion or Order Filing 47 RESPONSE in Opposition re #45 MOTION to Dismiss (Partial) Plaintiff's Second Amended Complaint and Demand For Jury Trial filed by Henrietta Middleton. (Attachments: #1 Memorandum in Support Memorandum in Support of Opposition to Motion to Dismiss, #2 Text of Proposed Order Proposed Order to Deny Motion to Dismiss)(Johnson, Aarron)
March 3, 2022 Opinion or Order Filing 46 RESPONSE in Opposition re #44 MOTION to Dismiss for Failure to State a Claim filed by Henrietta Middleton. (Attachments: #1 Memorandum in Support Memorandum in Support of Opposition to Motion to Dismiss, #2 Text of Proposed Order Proposed Order)(Johnson, Aarron)
February 25, 2022 Opinion or Order Filing 45 MOTION to Dismiss (Partial) Plaintiff's Second Amended Complaint and Demand For Jury Trial by Marlon Koushall, Jason Yerg (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Goldberg, Stuart)
February 22, 2022 Opinion or Order Filing 44 MOTION to Dismiss for Failure to State a Claim by Gary Tuggle (Attachments: #1 Attachment Proposed Order)(Ashe, Kyle)
February 14, 2022 Opinion or Order Filing 43 SECOND AMENDED COMPLAINT against Henrietta Middleton, filed by Henrietta Middleton. (Attachments: #1 Supplement 2nd Amended Complaint - Red Line Version, #2 Cover Letter Courtesy Copies)(Johnson, Aarron) Modified on 2/15/2022 (hmls, Deputy Clerk).
January 28, 2022 Opinion or Order Filing 42 ORDER DENYING as moot #19 Motion to Dismiss for Failure to State a Claim; DENYING as moot #26 Motion to Dismiss for Failure to State a Claim; GRANTING #29 Motion to Dismiss for Failure to State a Claim. DISMISSING the City, the BPD, and Tuggle; GRANTING IN PART and DENYING IN PART #31 Motion to Dismiss for Failure to State a Claim; Plaintiff may amend the suit by February 11, 2022; The remaining defendants shall answer the suit by February 25, 2022. Signed by Judge Ellen L. Hollander on 1/28/2022. (hmls, Deputy Clerk)
January 28, 2022 Opinion or Order Filing 41 MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 1/28/2022. (hmls, Deputy Clerk)
July 20, 2021 Opinion or Order Filing 40 REPLY to Response to Motion re #29 MOTION to Dismiss for Failure to State a Claim filed by Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle.(Ashe, Kyle)
June 30, 2021 Opinion or Order Filing 39 REPLY to Response to Motion re #31 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Plaintiff's Amended Complaint) filed by Marlon Koushall, Jason Yerg.(Goldberg, Stuart)
June 23, 2021 Opinion or Order Filing 38 ORDER GRANTING #37 Motion for Extension of Time to File Reply re #19 MOTION to Dismiss for Failure to State a Claim to 7/20/21. Signed by Judge Ellen L. Hollander on 6/22/2021. (hmls, Deputy Clerk)
June 22, 2021 Opinion or Order Filing 37 Consent MOTION for Extension of Time to File Response/Reply by Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle. (Attachments: #1 Attachment Proposed Order)(Ashe, Kyle)
June 21, 2021 Opinion or Order Filing 36 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Plaintiff's Amended Complaint) filed by Henrietta Middleton. (Attachments: #1 Memorandum in Support Memorandum in Support of Opposition to Motion to Dismiss, #2 Text of Proposed Order Proposed Order to Deny Motion to Dismiss)(Johnson, Aarron)
June 21, 2021 Opinion or Order Filing 35 RESPONSE in Opposition re #29 MOTION to Dismiss for Failure to State a Claim filed by Henrietta Middleton. (Attachments: #1 Memorandum in Support Memorandum in Support of Opposition to Motion to Dismiss, #2 Text of Proposed Order Proposed Order to Deny Motion to Dismiss)(Johnson, Aarron)
June 21, 2021 Opinion or Order Filing 34 (FILED IN ERROR - REFILED) RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Plaintiff's Amended Complaint) filed by Henrietta Middleton. (Attachments: #1 Memorandum in Support Memorandum in Support of Opposition to Motion to Dismiss, #2 Proposed Order to Deny Motion to Dismiss)(Johnson, Aarron) Modified on 6/21/2021 (hmls, Deputy Clerk).
June 4, 2021 Opinion or Order Filing 33 ORDER GRANTING #32 Motion for Extension of Time to File Response/Reply re #29 MOTION to Dismiss for Failure to State a Claim, #31 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Plaintiff's Amended Complaint). Signed by Judge Ellen L. Hollander on 6/4/2021. (hmls, Deputy Clerk)
June 3, 2021 Opinion or Order Filing 32 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Plaintiff's Amended Complaint), #29 MOTION to Dismiss for Failure to State a Claim by Henrietta Middleton. (Attachments: #1 Text of Proposed Order Proposed Order to Extend Time)(Johnson, Aarron)
May 25, 2021 Opinion or Order Filing 31 MOTION to Dismiss for Failure to State a Claim (Partial Motion to Dismiss Plaintiff's Amended Complaint) by Marlon Koushall, Jason Yerg (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Goldberg, Stuart)
May 24, 2021 Opinion or Order Filing 30 (FILED IN ERROR PER COUNSEL) MOTION to Dismiss for Failure to State a Claim(Partial Motion to Dismiss Plaintiff's Amended Complaint) by Marlon Koushall, Jason Yerg (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Goldberg, Stuart) Modified on 5/25/2021 (hmls, Deputy Clerk).
May 24, 2021 Opinion or Order Filing 29 MOTION to Dismiss for Failure to State a Claim by Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle (Attachments: #1 Memorandum in Support, #2 Attachment Proposed Order)(Ashe, Kyle)
May 10, 2021 Opinion or Order Filing 28 AMENDED COMPLAINT against Henrietta Middleton, filed by Henrietta Middleton. (Attachments: #1 Attachment Amended Complaint Redline Version)(Johnson, Aarron)
May 3, 2021 Opinion or Order Filing 27 RESPONSE in Opposition re #26 MOTION to Dismiss for Failure to State a Claim filed by Henrietta Middleton. (Attachments: #1 Memorandum in Support Memorandum in Support of Opposition to Motion to Dismiss, #2 Text of Proposed Order Proposed Order to Deny Motion to Dismiss)(Johnson, Aarron)
April 19, 2021 Opinion or Order Filing 26 MOTION to Dismiss for Failure to State a Claim by Marlon Koushall, Jason Yerg (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Goldberg, Stuart)
March 29, 2021 Opinion or Order Filing 25 ORDER granting #24 MOTION for Extension of Time to File Answer to Plaintiff's Complaint Marlon Koushall answer due 4/19/2021; Jason Yerg answer due 4/19/2021.. Signed by Judge Ellen L. Hollander on 3/29/2021. (kw2s, Deputy Clerk)
March 29, 2021 Opinion or Order Filing 24 MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Marlon Koushall, Jason Yerg (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Goldberg, Stuart)
March 29, 2021 Opinion or Order Filing 23 NOTICE of Appearance by Stuart R Goldberg on behalf of Marlon Koushall, Jason Yerg (Goldberg, Stuart)
March 29, 2021 Opinion or Order Filing 22 NOTICE of Appearance by Thomas H Barnard on behalf of Marlon Koushall, Jason Yerg (Barnard, Thomas)
March 26, 2021 Opinion or Order Filing 21 REPLY to Response to Motion re #19 MOTION to Dismiss for Failure to State a Claim filed by Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle.(Ashe, Kyle)
March 12, 2021 Opinion or Order Filing 20 RESPONSE in Opposition re #19 MOTION to Dismiss for Failure to State a Claim was filed by Henrietta Middleton. (Attachments: #1 Memorandum in Support Memorandum in Support of Opposition to Motion to Dismiss, #2 Text of Proposed Order Proposed Order to Deny Motion to Dismiss, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Cover Letter Cover Letter Lengthy Filing)(Johnson, Aarron)
March 2, 2021 Opinion or Order Filing 19 MOTION to Dismiss for Failure to State a Claim by Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle (Attachments: #1 Memorandum in Support, #2 Attachment Proposed Order)(Ashe, Kyle)
February 16, 2021 Opinion or Order Filing 17 NOTICE of Appearance by Kyle Andrew Ashe on behalf of Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle (Ashe, Kyle)
February 12, 2021 Opinion or Order Filing 18 ORDER GRANTING #16 Motion for Extension of Time to Answer re #1 Complaint; Answers extended up to and including 3/2/2021 as to Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle. Signed by Judge Ellen L. Hollander on 2/12/2021. (hmls, Deputy Clerk)
February 12, 2021 Opinion or Order Filing 16 Consent MOTION for Extension of Time to File Response/Reply by Baltimore City Police Department, Mayor & City Council of Baltimore, Gary Tuggle. (Attachments: #1 Text of Proposed Order)(Lynch, Kara) Modified on 2/13/2021 (hmls, Deputy Clerk).
January 30, 2021 Opinion or Order Filing 15 SUMMONS Returned Executed by Henrietta Middleton. Gary Tuggle served on 1/26/2021, answer due 2/16/2021.(Francis-Williams, Latoya)
January 30, 2021 Opinion or Order Filing 14 SUMMONS Returned Executed by Henrietta Middleton. Jason Yerg served on 1/29/2021, answer due 2/19/2021.(Francis-Williams, Latoya)
January 25, 2021 Opinion or Order Filing 13 SUMMONS Returned Executed by Henrietta Middleton. Mayor & City Council of Baltimore served on 1/15/2021, answer due 2/5/2021.(Francis-Williams, Latoya)
January 25, 2021 Opinion or Order Filing 12 SUMMONS Returned Executed by Henrietta Middleton. Baltimore City Police Department served on 1/15/2021, answer due 2/5/2021.(Francis-Williams, Latoya)
January 25, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed by Henrietta Middleton. Marlon Koushall served on 1/21/2021, answer due 2/11/2021.(Francis-Williams, Latoya)
January 25, 2021 Opinion or Order Filing 10 QC NOTICE: #9 Affidavit of Service filed by Henrietta Middleton was filed using the incorrect event. **Please refile affidavit under the "Service of Process" category, select the "Summons Returned Executed" event, and enter the service date when requested. The affidavit has been marked as FILED IN ERROR, and the document link has been disabled. (hmls, Deputy Clerk)
January 25, 2021 Opinion or Order Filing 9 (FILED IN ERROR - INCORRECT EVENT) AFFIDAVIT of Service for Complaint and Demand for Jury Trial and Summons served on Marlon Koushall on 1/21/2021, filed by Henrietta Middleton.(Francis-Williams, Latoya) Modified on 1/25/2021 (hmls, Deputy Clerk).
January 21, 2021 Opinion or Order Filing 8 QC NOTICE: #6 Affidavit of Service filed by Henrietta Middleton, #7 Affidavit of Service filed by Henrietta Middleton were filed using the incorrect event. **Please refile affidavits under the "Service of Process" category, select the "Summons Returned Executed" event, and enter the service date when requested. The affidavits have been marked FILED IN ERROR, and the document links have been disabled. (hmls, Deputy Clerk)
January 21, 2021 Opinion or Order Filing 7 (FILED IN ERROR - INCORRECT EVENT) AFFIDAVIT of Service for Complaint and Demand for Jury Trial and Summons served on Mayor and City Council of Baltimore on 1/15/2021, filed by Henrietta Middleton.(Francis-Williams, Latoya) Modified on 1/21/2021 (hmls, Deputy Clerk).
January 21, 2021 Opinion or Order Filing 6 (FILED IN ERROR - INCORRECT EVENT) AFFIDAVIT of Service for Complaint and Demand for Jury Trial and Summons served on Baltimore City Police Department on 1/15/2021, filed by Henrietta Middleton.(Francis-Williams, Latoya) Modified on 1/21/2021 (hmls, Deputy Clerk).
December 8, 2020 Opinion or Order Filing 5 Summons Issued 21 days as to Baltimore City Police Department, Marlon Koushall, Mayor & City Council of Baltimore, Gary Tuggle, Jason Yerg. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (hmls, Deputy Clerk)
December 7, 2020 Opinion or Order Filing 4 NOTICE of Appearance by Allan B Rabineau on behalf of Henrietta Middleton (Rabineau, Allan)
December 7, 2020 Opinion or Order Filing 3 NOTICE by Henrietta Middleton re #1 Complaint (Attachments: #1 Summons Proposed Summons, #2 Summons Proposed Summons, #3 Summons proposed summons, #4 Summons proposed summons)(Francis-Williams, Latoya)
December 7, 2020 Opinion or Order Filing 2 NOTICE of Appearance by Aarron Nathaniel Johnson on behalf of Henrietta Middleton (Johnson, Aarron)
December 7, 2020 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0416-8997853.), filed by Henrietta Middleton. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Francis-Williams, Latoya)

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Defendant: Baltimore City Police Department
Represented By: Kara K Lynch
Represented By: Kyle Andrew Ashe
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Defendant: Lieutenant Jason Yerg
Represented By: Stuart R Goldberg
Represented By: Thomas H Barnard
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Defendant: Gary Tuggle
Represented By: Kara K Lynch
Represented By: Kyle Andrew Ashe
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Defendant: Sergeant Marlon Koushall
Represented By: Stuart R Goldberg
Represented By: Thomas H Barnard
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Defendant: Mayor & City Council of Baltimore
Represented By: Kara K Lynch
Represented By: Kyle Andrew Ashe
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Plaintiff: Henrietta Middleton
Represented By: Aarron Nathaniel Johnson
Represented By: Latoya Andrea Francis-Williams
Represented By: Allan B Rabineau
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