Hughes v. Opel
1:23-cv-01974
D. MarylandApr 3, 2024Background
- Plaintiff Richard Robert Hughes, proceeding pro se, sued various City of Cumberland officials and employees after an altercation at an M&T Bank where he was arrested following a 911 call alleging disruptive behavior.
- Defendants included police officers, the police chief, an assistant state's attorney, a 911 dispatcher, and city officials. The court consolidated multiple complaints Hughes filed.
- Hughes alleged constitutional violations and numerous other claims arising from his arrest, charging, and prosecution, including defamation, IIED, fraud, and conspiracy.
- Charges against Hughes were ultimately dropped, but he alleged significant personal and professional harm as a result of the false charges and arrest.
- The defendants filed motions to dismiss and for summary judgment; Hughes filed oppositions and sought to enter additional exhibits.
- The court reviewed all pleadings and granted the defendants’ motions to dismiss on all claims, dismissing the complaints in their entirety with prejudice where appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial immunity | Lysinger wrongfully prosecuted and withheld evidence | Actions were within her prosecutorial role | Absolutely immune; claims dismissed |
| Unlawful arrest and Fourth Amendment | Arrest was without probable cause, based on false info | Police acted on valid 911 report, had probable cause | No claim stated; arrest was justified |
| Defamation/Slander/Libel | False statements made to police/public | Claims time-barred, not actionable | Time-barred; dismissed with prejudice |
| Monell/Official Capacity Liability | City and officials failed to train/supervise properly | No official policy/custom caused injury; no facts pled | No viable underlying violation; dismissed |
| Intentional Infliction of Emotional Distress | Distress caused by unlawful arrest in mother's presence | Lawful arrest cannot be outrageous or extreme | No extreme/outrageous conduct; dismissed |
| Other federal and state law claims | Raised claims under Constitutional Amendments, UDHR, FOIA, MPIA, conspiracy, fraud, etc. | Various immunities, lack of private right, lack of jurisdiction or facts | All found non-cognizable, time-barred, or insufficient; all dismissed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for plausibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility requirement for complaints)
- Erickson v. Pardus, 551 U.S. 89 (pro se pleadings receive less stringent review)
- Imbler v. Pachtman, 424 U.S. 409 (prosecutorial immunity for actions within judicial process)
- Burns v. Reed, 500 U.S. 478 (prosecutors immune from § 1983 liability for certain actions)
- Devenpeck v. Alford, 543 U.S. 146 (probable cause standard for warrantless arrest)
- Michigan v. DeFillippo, 443 U.S. 31 (probable cause requirement for arrest)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (municipal liability under § 1983)
- United States v. Robinson, 414 U.S. 218 (search incident to lawful arrest)
- Jones v. Buchanan, 325 F.3d 520 (excessive force and unlawful arrest standards)
