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Hughes v. Opel
1:23-cv-01974
D. Maryland
Apr 3, 2024
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Background

  • 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)
Read the full case

Case Details

Case Name: Hughes v. Opel
Court Name: District Court, D. Maryland
Date Published: Apr 3, 2024
Citation: 1:23-cv-01974
Docket Number: 1:23-cv-01974
Court Abbreviation: D. Maryland