Jacobs v. Bd. of Educ. of Prince George's Cnty.

376 F. Supp. 3d 575
CourtDistrict Court, D. Maryland
DecidedMarch 21, 2019
DocketCase No.: 8:17-cv-00678-PWG
StatusPublished

This text of 376 F. Supp. 3d 575 (Jacobs v. Bd. of Educ. of Prince George's Cnty.) 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
Jacobs v. Bd. of Educ. of Prince George's Cnty., 376 F. Supp. 3d 575 (D. Md. 2019).

Opinion

Paul W. Grimm, United States District Judge

This case stems from a November 2013 confrontation between a school resource officer ("SRO")1 and a student at Suitland *577High School in Prince George's County, Maryland. The student, Reginald Jacobs, alleges the SRO punched him in the face in a hallway outside the school gym just a few minutes after the school day ended. He has brought this lawsuit against the SRO, the County, and the Board of Education.

The County and the Board of Education have filed a motion for summary judgment, asserting they cannot be liable under 42 U.S.C. § 1983 or the Maryland Declaration of Rights. They first argue the SRO - who had removed his badge, gun, and protective vest moments before the assault - was not acting within the scope of his employment at the time of the incident. They also argue the school board is not a proper defendant because it did not directly employ the SRO.

I do not find either of these arguments persuasive, as presented. Accordingly, the motion for summary judgment will be denied.

FACTUAL BACKGROUND

The incident that precipitated this suit took place on November 12, 2013, as school was letting out for the day. The SRO, Charles Pickard, testified in an earlier proceeding that he confronted Jacobs, then 17, outside the gymnasium after hearing him say, "Fuck the police."2 See Pickard Test. 330:7, ECF No. 66, Ex. 1. Pickard had known Jacobs from past encounters at the school, but because a ski mask was obstructing part of the student's face, he did not immediately recognize him. See id. at 331:1, 9; see Pickard Dep. 37:1-7, 40:6-13, 44:17-21, ECF No. 66, Ex. 2.

When Pickard pressed the student to explain the outburst, the student - who was not wearing a school uniform - allegedly said, "I have a gun, too." Pickard Test. 330:11-331:11. Pickard immediately reached out to frisk the student's waistband for weapons. See id. at 331:19-24. The student allegedly pushed the officer's hands away. See id. at 331:25-332:1. Pickard continued to pat him down. See id. at 322:3-6. He did not find a weapon, but he felt a "spongy-like object" in the student's left pocket, which, because of the way the student smelled, he suspected was one or more bags of marijuana. Id. at 332:5-15.

Pickard rolled up the student's ski mask, at which point he recognized the young man as Jacobs. See id. at 332:16-17. When, according to the officer's testimony, he asked Jacobs to tell him what was going on, Jacobs said, "F that police stuff.... I ain't messing with the badge and gun shit." Id. at 333:10-13.

The two rounded the corner to an empty hallway. See id. at 337:25-338:3. At that point, Pickard - in what he would later concede was "a stupid thing to do" - removed his badge, gun belt (including his gun, handcuffs, baton, and pepper spray), and vest, placing them on the ground. See id. at 336:23-337:3; Pickard Dep. 51:4-12. His thinking, he testified, was: "[M]aybe I could relate to him. Maybe we can connect, you know. Maybe this thing can de-escalate." Pickard Test. 337:2-8.

Pickard pressed Jacobs to give up any marijuana he might have on him, saying he would "just confiscate it, [and] you'll be on your away." Id. at 339:6-11. He purportedly tried several times to reach into Jacobs' pocket, but Jacobs kept pushing his hand away. See 340:21-341:6.

*578A surveillance video of the encounter in the empty hallway appears to show Pickard grabbing Jacobs and pushing him against a wall. See ECF No. 66, Ex. 3A. At one point, the officer backs up and drops to his knees, folding his hands as if in prayer or as if he was pleading with the young man. "I said, hey, look, man, I'm praying please don't touch me no more," Pickard later testified.3 The video (which, though helpful, is of limited value in clearly ascertaining what took place) appears to show Pickard rise to his feet and punch Jacobs in the head, knocking him to the ground. The officer's testimony was that Jacobs - possibly startled when the policeman "popped up" from the kneeling position - was simply off balance, and fell. See Pickard Test. 342:20-343:2. He said he merely grabbed Jacobs's hood "so he wouldn't hit the ground hard."Id. at 343:3-8, 354.

Standing over Jacobs, who was "balled up" on the floor, Pickard reached into the young man's pocket, where, instead of marijuana, he found a set of earbuds. Id. at 343:22-344:3; see Pickard Dep. 53:5-9.

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Bluebook (online)
376 F. Supp. 3d 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-bd-of-educ-of-prince-georges-cnty-mdd-2019.