Cross v. Baltimore City Police Department

73 A.3d 1186, 213 Md. App. 294, 2013 WL 4719089, 2013 Md. App. LEXIS 101
CourtCourt of Special Appeals of Maryland
DecidedSeptember 3, 2013
DocketNo. 1290
StatusPublished
Cited by3 cases

This text of 73 A.3d 1186 (Cross v. Baltimore City Police Department) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cross v. Baltimore City Police Department, 73 A.3d 1186, 213 Md. App. 294, 2013 WL 4719089, 2013 Md. App. LEXIS 101 (Md. Ct. App. 2013).

Opinion

ZARNOCH, J.

In this case of a fired police officer, the appellant does not claim, in the words of Justice Holmes, that she has a “constitutional right to be a policeman.” McAuliffe v. City of New Bedford, 155 Mass. 216, 29 N.E. 517, 517 (1892).1 Rather, she argues that her employment was terminated in violation of her constitutional right to marry and to engage in intimate association.

Appellant, Meredith Cross, was employed as a police officer in the Baltimore City Police Department (“the Department”) from 2004-2010. On July 7, 2009, she received a “Notification of Complaint to Accused,” in which it was alleged that she had “been making personal contacts with person(s) of questionable character.” On March 9, 2010, the Department officially charged her with four counts of violating its General Orders. All four charges were directly related to appellant’s marriage to Carlito Cabana—a convicted murderer and a member of Dead Man, Inc. (“DMI”), a prison gang.

The first charge included four specifications of conduct unbecoming a member of the Department, as she was alleged to have discredited the Department and herself through her marriage to Cabana. The second charge included three specifications of personal contact with a person of questionable character. The third charge alleged that appellant “failed to properly perform her duties and assume the responsibilities of her position.” The fourth charge alleged that appellant failed to timely inform her superior officers about the change in her marital status.

On November 30, 2010, appellant, pursuant to the Law Enforcement Officers’ Bill of Rights (“the LEOBR”),2 present[298]*298ed her case before a three-person administrative panel (the “Hearing Board”). Appellant pled guilty to the following charges: Charge 1, Specification 4; Charge 8; and Charge 4. These three charges stemmed from appellant’s failure within 24 hours to inform her superior officers about her marriage to Cabana. The Hearing Board found appellant guilty of the remaining charges, and recommended her termination. On December 9, 2010, Police Commissioner Frederick Bealefeld, III, terminated appellant’s employment.

Appellant appealed this decision to the Circuit Court for Baltimore City, which upheld her termination. She now appeals the circuit court’s decision pro se.3

FACTUAL BACKGROUND4

A. DMI

In the late 1990s, DMI was formed by three inmates who carried out “hits”5 for a different prison gang, the Black Guerrilla Family. Over time, DMI has grown in size and scope, and now actively participates in criminal enterprises both in and out of jail. Although each individual unit or “set” varies depending on the location, DMI is organized along the following lines: supreme commander, commander, lieutenant commander, a sergeant at arms, and, in some units, an accountant. Once an inmate joins DMI, he is a member for life and it is impossible for a member to quit the gang.

Detective Joseph Decandeloro, Baltimore City Police, testified that officer safety is an important concern when dealing with DMI members because they pretend to cooperate “[i]n order to gain intelligence.” Detective Decandeloro also noted [299]*299that DMI members are “allowed to have—basically get into our trust, along with any other gang. It’s a common practice that they’re allowed to deceive us. They’re allowed to talk to us. It’s the same practice with any gang.”

B. Appellant’s Relationship with Cabana

In 2002, appellant lived in New York City and worked as a Financial Advisor for American Express. While in New York City, a friend convinced her to start writing letters to Cabana, who, at the time, was incarcerated in Maryland for second-degree murder.6 Appellant stated that Cabana “seemed like an intelligent person, and knowledgeable, so he became [her] friend.” Soon thereafter, a “serious relationship” developed between appellant and Cabana, and she moved to Baltimore to be closer to him.

In February 2004, appellant applied to be a police officer with the Department. Although she moved to Baltimore specifically to be closer with Cabana, her application did not indicate that she had a boyfriend. While being interviewed for the position, appellant was asked if anyone she knew was in prison. Appellant responded by providing the name of her brother, her friend’s husband, and Cabana—who, according to appellant, was her “friend.”

Although appellant described her relationship with Cabana in platonic terms during her interview, at some point in 2004 they were married in a “spiritual ceremony” in the Patuxent Institution. According to appellant, it was not a legal wedding; rather, they simply exchanged vows in “a little ceremony [as] part of some Muslim thing [Cabana] was involved in.” From that point on, appellant considered herself married to Cabana.

While visiting Cabana in prison, appellant would identify herself as Cabana’s wife. From March 16, 2008 to June 15, 2009, appellant visited Cabana 26 times. Cabana called appel[300]*300lant “108 times during the 90-day period between February 28, 2009, and May 29, 2009.” The Department produced evidence that appellant would speak to Cabana on the phone while on duty. In fact, she spoke to Cabana on one or two occasions while answering service calls. The Department conceded that appellant was never heard on the phone giving Cabana any information relating to official police business.

On April 26, 2009, appellant and Cabana were officially married. On July 10, 2009, three days after she was served her Notification of Charges, appellant officially notified her superior officers about the change in her marital status from single to married.

Under the Department’s General Order C-2, Rule 6, Section 4, “[mjembers of the Department are required to report through official channels any change in their address, telephone number or marital status within 24 hours.” At the administrative hearing, appellant testified that she did not know about this requirement. She testified that she incorrectly believed that she only had to inform her superior officers about any change to her address and phone number.

C. The Investigation into the Relationship and Cabana’s Background

In May 2009, appellant, while visiting Cabana at North Branch Correctional Institution (hereinafter “NBCI”) in Cumberland, used the identification of another person to gain entrance. When questioned about this identification by an NBCI staff member, appellant informed prison officials that she was a police officer in Baltimore City, and stated that she must have accidentally used the identification of a person whom she previously arrested. Appellant’s misuse of another person’s identification was reported to Lieutenant Damon Thomas, Intelligence Officer at NBCI, who called the Department’s Internal Affairs unit (hereinafter “IID”) “to let them know that ... a Baltimore City police officer in fact is coming up to visit a inmate at [the] facility and he’s a gang member.” [301]*301Appellant did not inform her superior officers about her use of another person’s identification.

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Bluebook (online)
73 A.3d 1186, 213 Md. App. 294, 2013 WL 4719089, 2013 Md. App. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-baltimore-city-police-department-mdctspecapp-2013.