Civilian Review Board Petition For Injunction

Civilian Review Board Petition For Injunction

IN THE CIRCUIT COURT OF MARYLAND FOR BALTIMORE CITY


The Baltimore City Citizen

Police Review Board Coalition

1620 North Appleton Street

Baltimore, Md. 21117-1114

 

Vs.                                                                                     Case Number 24-C-18-006000

The Baltimore City Solicitor's Office, et al

100 North Holliday Street, Suite 100

Baltimore, Maryland 21202

                                                                     

   

                PETITION FOR INJUNCTION

 

The Baltimore City Citizen Police Review Board Coalition, hereinafter the CPRBC, comes now by its members to humbly ask this Honorable Court to permanently enjoin The Mayor of the City of Baltimore from assigning staff from the Office of City Solicitor to the Civilian Review Board as well as enjoining The Baltimore City Solicitor's Office from representation of The City of Baltimore Civilian Review Board, hereinafter the CRB. The Citizen Police Review Board Coalition is without counsel and seeks to proceed pro-se'. The Citizen Police Review Board Coalition perceives that the Office of the Attorney General for the State of Maryland or another such office or other outside counsel would be better to represent The Civilian Review Board. Jurisdiction over this petition is granted by The Courts and Judicial Proceedings Article, §1-1501, of The Maryland Annotated Code. The reasons for this petition include but are not limited to the following:

 

INTRODUCTION

 

  1. The Baltimore City Citizen Police Review Board Coalition was formed in 2015. The Coalition was formed for the purpose of strengthening The Baltimore Civilian Review Board (CRB.) The CPRBC was formed by Marvin L. Cheatham, Sr. as an unincorporated entity. The Coalition membership includes but is not limited to Marvin L. Cheatham, Sr., Richard M. Terry and, Roland N. Patterson, Jr. All members of the CPRBC are residents of the City of Baltimore who seek to improve and strengthen the efforts of the CRB.
  2. The City Solicitor's Office (CSO) was created by The Baltimore City Charter. The Charter establishes that the duties of The CSO include but are not limited to the advice and representation of The City through its several agencies, MOST IMPORTANTLY,

THE BALTIMORE CITY POLICE DEPARTMENT (BPD.). Also, The CSO serves on        The Baltimore City Board of Estimates. The Board of Estimates approves all of the city’s contracting, purchasing, capital budget requests and the payment of adverse judicial judgments and settlements.

  1. The Baltimore City Civilian Review Board (CRB) is established by The Public Local Laws (PLL) of Baltimore Title 16, Section 41 (§16-41) et seq.  The CRB has the power to consider all civilian complaints of excessive force, harassment, and/or abusive language as committed by the several police departments which are licensed by The State of Maryland to operate within The City of Baltimore. he CRB also considers the actions of The Internal Affairs Division (IAD) of any such police department from which an officer is subjected to a facially valid, relevant complaint. The CRB has the power to require further investigation by a covered IAD, PLL, Baltimore City, §16-46(c)(ii)(v);

 

ARGUMENT

 

  1. As stated above, The City Solicitor, The Honorable Andre' Davis, represents the BPD by virtue of the mandate of The Baltimore City Charter.                        
  1. The Baltimore City Solicitor is an attorney by definition. The Maryland Attorneys' Rules Professional Conduct §19-301.7, .8, define the term, 'conflict-of-interest.' That text says that a conflict-of-interest exists wherever representation of one client will adversely affect a second client; and where that conflict-of-interest has not been agreed to by both parties.
  1. PLL 16-41 et seq. dictates that The CRB shall consider whether the questioned actions of a covered police officer shall be recommended for discipline or exonerated. It is possible for CRB recommendations to ultimately result in litigation against The BPD.
  2. According to the provisions of §16-43 (f) (1) the Mayor of the City of Baltimore has the authority to assign staff from the Office of the City Solicitor to serve the CRB.
  3. The combined content of Items 1, 2, 3 & 4 above suggest strongly that there is a conflict-of-interest on the part of City Solicitor Davis as it relates to his concurrent representation and advice of and to The BPD and The CRB. The CRB does not consent to this conflict-of-interest.
  4. The petitioner is substantially likely to succeed if it chooses to proceed on an action at law such as Professional Malpractice.
  5. No injury would result to Respondent if this Petition for Injunction is granted.
  6. Respondent is prone to advise Petitioner contrary to the mandates of The Applicable Public Local Laws of Baltimore City as relate to The CRB because of his converse obligations to The Baltimore Police Department pursuant to The Baltimore City Charter. This likelihood of harm to the complaints properly considered by The CRB is a potential irreparable injury.
  7. The granting of this requested injunction will serve the public interest.

WHEREFORE, The Baltimore City Citizen Police Review Board Coalition respectfully requests that This Honorable Court ENJOIN The Office of The City Solicitor of Baltimore from either advising and/or representing The Baltimore City Civilian Review Board.

Respectfully submitted on this the _13th day of November, 2018

/s/

Marvin L. Cheatham, Sr.

Citizen Police Review Board Coalition




                       IN THE CIRCUIT COURT OF MARYLAND FOR BALTIMORE CITY

 

The Baltimore City Citizen

Police Review Board Coalition

1620 North Appleton Street

Baltimore, Md. 21117-1114

 

Vs.                                                                                     Case Number ____________

 

The Baltimore City Solicitor's Office et al

100 North Holliday Street, Suite 100

Baltimore, Maryland 21202

                                                        ORDER

IT IS HEREBY ORDERED AND AFFIRMED THAT THE OFFICE of the MAYOR of BALTIMORE IS HEREBY ENJOINED FROM ASSIGNING STAFF FROM THE OFFICE OF CITY SOLICITOR TO THE CIVILIAN REVIEW BOARD; AND THAT THE OFFICE OF THE CITY SOLICITOR IS HEREBY ENJOINED FROM EITHER ADVISING AND/OR REPRESENTING THE CITY OF BALTIMORE CIVILIAN REVIEW BOARD.  THIS ORDER SHALL REMAIN IN EFFECT SO LONG AS THE OFFICE OF THE CITY SOLICITOR REPRESENTS THE BALTIMORE CITY POLICE DEPARTMENT.

ORDERED______ DENIED_______ on this the _______ day of ______________, _________

                                                        _____________________________

                                                                Associate Judge