Dashiell v. Maryland State Police Department
101 A.3d 562
Md. Ct. Spec. App.2014Background
- Appellant, Teleta S. Dashiell, sought MPIA records from MSP about an internal affairs investigation of Sergeant Maiello for racially derogatory voicemail remarks.
- MSP denied in full, invoking personnel records, LEOBR confidentiality, intra-agency memoranda, and investigatory records exemptions.
- Circuit Court granted summary judgment for MSP, holding all requested records were personnel records under §10-616(i).
- Appellant argued for disclosure or, at minimum, severable portions and requested an index; MSP refused to index or sever.
- This appeal addressed whether MSP’s denial was proper, whether severable portions could be disclosed, and whether independent review or discovery was required.
- Court vacates circuit court’s judgment and remands for further proceedings in light of NAACP Branches and other authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MSP’s summary judgment was proper on the MPIA denial | Dashiell contends records should be disclosed under MPIA. | MSP’s records are exempt as personnel records and other exemptions. | Vacated; proper analysis requires multi-exemption review and severability. |
| Whether any portion of the records is reasonably severable | Some portions could be severed and disclosed. | No portion is reasonably severable. | Remanded to determine severability under NAACP Branches; redactions may sever from exemptions. |
| Whether appellant is a 'person in interest' under MPIA | Appellant, as complainant, is a person in interest and deserves heightened access. | Appellant is not a person in interest; records pertain to the officer investigated. | Not a person in interest; but remand may affect further analysis of disclosures. |
| Whether LEOBR applicability bars disclosure under MPIA | LEOBR does not govern public disclosure under MPIA for complainants. | LEOBR supports confidentiality and denial. | LEOBR does not alone compel withholding; remand guidance provided. |
Key Cases Cited
- Md. Dep't of State Police v. Md. State Conference of NAACP Branches, 430 Md. 179 (2013) (severability and redaction principles; redacted records may be non-personnel records)
- Gun Ban II, 329 Md. 78 (1993) (inside/outside LEOBR considerations and public access balance)
- Shropshire, 420 Md. 362 (2011) (internal affairs records as personnel records; privacy vs. public access)
- Briscoe v. Mayor of Baltimore, 100 Md. App. 124 (1994) (complainant not necessarily a person in interest; status of investigation subject)
- Kirwan v. Diamondback, 352 Md. 74 (1998) (definition and scope of personnel records)
- Md. State Police v. Md. State Conference of NAACP Branches, NAACP Branches cited as authoritative NAACP Branches (2013) (NAACP Branches clarifies severability and disclosure analysis under MPIA)