Bernadou v. Purnell

836 F. Supp. 319, 1993 U.S. Dist. LEXIS 15766, 1993 WL 452653
CourtDistrict Court, D. Maryland
DecidedJanuary 5, 1993
DocketCiv. No. H-91-1373
StatusPublished
Cited by1 cases

This text of 836 F. Supp. 319 (Bernadou v. Purnell) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bernadou v. Purnell, 836 F. Supp. 319, 1993 U.S. Dist. LEXIS 15766, 1993 WL 452653 (D. Md. 1993).

Opinion

MEMORANDUM OPINION

ALEXANDER HARVEY, II, Senior District Judge.

Presently confined in the Maryland Penitentiary, Charles M. Bernadou, plaintiff, has filed a civil action in this Court under 42 U.S.C. § 1983. Named as defendants in the [321]*321complaint are “Theodore Purnell”1 (Acting Security Chief of the Maryland Penitentiary), James N. Rollins (former Warden of the Maryland Penitentiary), H.E. Rogers (Classification Supeivisor at the Maryland Penitentiary) and Marvin Robbins (Executive Director of the Inmate Grievance Commission).

In his complaint and in subsequent pleadings, plaintiff has alleged that his constitutional rights were infringed by defendants Purnell, Rollins and Rogers when his cell was searched and certain papers were seized. He contends that he was thereby denied his constitutional right of access to the courts. His claim against defendant Robbins is that said defendant denied him due process of law by not holding a meaningful hearing before the Inmate Grievance Commission (hereinafter “the IGC”) in connection with plaintiffs claim for the return of his legal papers. As relief, plaintiff seeks substantial compensatory and punitive damages from each defendant. He also asks this Court to enter an Order requiring defendants to return all of his confiscated papers.

On behalf of defendants Purnell, Rollins and Rogers (hereinafter the “Purnell defendants”), the Attorney General of Maryland has filed a motion to dismiss or for summary judgment. A separate motion to dismiss or for summary judgment has been filed by the Attorney General on behalf of defendant Robbins. In support of those motions, defendants have submitted various affidavits and exhibits. Plaintiff has been assisted in this case by Joseph Tetrault, Esq. of the Legal Aid Bureau, Inc., who has filed an opposition to defendants’ pending motions. Plaintiff himself has submitted various pro se pleadings, memoranda and exhibits.

This case was initially assigned to Judge Ramsey of this Court. By Order dated August 23, 1991, Judge Ramsey referred the case to Magistrate Judge Deborah K. Chasanow to conduct appropriate proceedings and submit recommendations for the disposition of the pending motions to dismiss or for summary judgment. Following her review of the pleadings and memoranda, Magistrate Judge Chasanow filed her Report and Recommendation on August 12, 1992. It was there recommended that the motion to dismiss or for summary judgment filed by defendants Purnell, Rollins and Rogers be denied and that the motion to dismiss or for summary judgment filed by defendant Robbins be granted with leave to plaintiff to amend.

Presently before the Court are defendants’ Objections to the Report and Recommendation. In support of their Objections, defendants have submitted a memorandum of law and various exhibits. Both Mr. Tetrault on behalf of plaintiff and plaintiff pro se have responded to defendants’ pending objections. In addition, plaintiff has filed a request for leave to amend his complaint.

Pursuant to 28 U.S.C. § 636(b), when a party has objected to proposed findings and recommendations of a magistrate judge, the district judge to whom the case is assigned must make a de novo determination upon the record of that portion of the magistrate judge’s disposition to which specific written objection has been made. See also Local Rule 301.l.b. The district judge, may, inter alia, accept, reject or modify the recommended decision of the magistrate judge. This case has now been reassigned to the undersigned judge.

Following its review of the full record here, this Court has concluded that no hearing is necessary for a ruling on defendants’ pending Objections. See Local Rule 105.6. For the reasons to be stated herein, the Report and Recommendation the Magistrate Judge dated August 12, 1992 will be accepted in part and rejected in part. Defendants’ pending motions for summary judgment will be granted, and judgment will be entered in favor of all defendants.

I

Background Facts

So that the matters now pending before the Court may be placed in proper perspec[322]*322tive, it is necessary at the outset to recount plaintiffs prior involvement in various legal proceedings in this Court and in state courts. On June 23, 1975, plaintiff was convicted of first degree murder and various other crimes following a jury trial in the Criminal Court of Baltimore City. He was sentenced by Judge Robert Karwacki to life imprisonment. Plaintiff then appealed to the Court of Special Appeals of Maryland. In an Opinion filed on October 26,1976, that Court affirmed plaintiffs convictions. Bemadou v. State of Maryland, No. 145 (Sept. Term 1976). The background facts were briefly set forth by the Court of Special Appeals, as follows (slip op. at 1):

During the late morning hours of December 19, 1974, Dr. Fernando Juliao was robbed at gun point while in his office in the Frankford Plaza Shopping Center, situated on Sinclair Lane in Baltimore City. The doctor was severely beaten about the head and body with the culprit’s gun. A more dire consequence of the crime, however, was the fact that Mrs. Sandra Sauer, the doctor’s secretary, was bludgeoned to death by the robber. Mrs. Sauer’s husband, who happened upon the robbery while it was in progress, was also assaulted.
Following an investigation by officers of the Baltimore City Police Department, Charles Michael Bernadou, the appellant, was charged with the various crimes arising from the December 19, 1974 incident.
A jury, in the Criminal Court of Baltimore, presided over by Judge Robert L. Karwacki, convicted the appellant of murder in • the first degree, assault with intent to murder, robbery with a dangerous and deadly weapon, attempted robbery with a dangerous and deadly weapon, assault, and two counts of using a handgun in the commission of a felony.
On appeal to this Court, the appellant poses eight questions. We shall answer each issue, but not necessarily in the order that appellant has posited them.

As noted, Bernadou had presented during his appeal eight separate claims, as follows: (1) that the trial court erred in denying Bernadou’s motion to suppress evidence seized from his home pursuant to a search and seizure warrant; (2) that one Barbara Bielet was improperly represented as a credible informant to the judge issuing the search warrant; (3) that the prosecutor and the police improperly withheld pertinent evidence; (4) that the trial judge should have granted plaintiffs motion for a mistrial; (5) that the trial court should have sua sponte restricted the prosecutor’s improper argument; (6) that the trial judge committed plain error in his instructions to the jury; (7) that the jury’s murder verdict was void; and (8) that the evidence was insufficient to support Bernadou’s conviction. In its 15-page opinion, the Court of Special Appeals considered and rejected each of these contentions. Bemadou v. State of Maryland, supra.

On two prior occasions, plaintiff Bernadou has sought post conviction relief in the Criminal Court of Baltimore City.2

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Cite This Page — Counsel Stack

Bluebook (online)
836 F. Supp. 319, 1993 U.S. Dist. LEXIS 15766, 1993 WL 452653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernadou-v-purnell-mdd-1993.