Mark Levy v. City of New Carrollton ( 2012 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 10-2009
    MARK B. LEVY; STANLEY S. LEVY,
    Plaintiffs - Appellants,
    v.
    CITY OF NEW CARROLLTON; ANDREW C. HANKO, Mayor of the City
    of New Carrollton; JOHN A. SCHAFFER, Councilmember for the
    City   of  New   Carrollton;  NEW   CARROLLTON  CITY  POLICE
    DEPARTMENT; DAVID RICE, Chief of Police for City of New
    Carrollton; DAVID LADD, Police Officer for the City of New
    Carrollton; MARK BUTLER, Police Officer for City of New
    Carrollton; VINCENT LYEW, Police Officer for City of New
    Carrollton; AMY BURKETT, (nee Shellenberger), Police Officer
    for City of New Carrollton; SARAH C. POTTER, Council Member
    for City of New Carrollton; RAYMOND J. GARVEY, Council
    Member for City of New Carrollton; ROSE MARIE HURDLE,
    Council Member for the City of New Carrollton; JEFFREY M.
    HUGHES, Code Enforcer for City of New Carrollton,
    Defendants - Appellees.
    No. 10-2011
    MARK B. LEVY,
    Plaintiff - Appellant,
    v.
    CITY OF NEW CARROLLTON; DAVID LADD,
    Defendants - Appellees.
    Appeals from the United States District Court for the District
    of Maryland, at Greenbelt. Deborah K. Chasanow, Chief District
    Judge.    (8:06-cv-02598-DKC; 8:06-cv-03304-DKC; 8:09-cv-02552-
    DKC)
    Submitted:   December 30, 2011         Decided:   January 30, 2012
    Before GREGORY, WYNN, and DIAZ, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Michael Wein, LAW OFFICES OF MICHAEL WEIN, Greenbelt, Maryland,
    for Appellants.    Kevin Karpinski, Michael B. Rynd, KARPINSKI,
    COLARESI & KARP, Baltimore, Maryland, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    These consolidated appeals arise out of a series of
    lawsuits       stemming      from     multiple          incidents       that     involved
    Appellants Mark Levy and Stanley Levy, police officers, a city
    code    enforcement     officer,      and    numerous       other    city      officials.
    The Levys asserted causes of action for malicious prosecution,
    violation      of   state    constitutional        rights,    false      imprisonment,
    violations of 
    42 U.S.C. § 1983
     (2006), violations of the civil
    Racketeer       Influenced     Corrupt      Organizations         Act    (“RICO”),    
    18 U.S.C. § 1961
     (2006), trespass to land, trespass to chattels,
    civil    conspiracy,        malicious       use    of     process,      and     vicarious
    liability.       In appeal No. 10-2009, the Levys appeal the district
    court’s order granting partial summary judgment to defendants,
    granting       defendants’        motion    to     exclude    the       Levys’    expert
    witnesses, and denying their motion for leave to file a second
    amended complaint; the court’s subsequent order denying their
    motion    for    reconsideration;          and    the   court’s     judgment      entered
    after a jury verdict for the defendants.                    In appeal No. 10-2011,
    Mark    Levy    appeals     the    district       court’s    order      dismissing    his
    complaint.
    We have thoroughly reviewed the extensive record and
    find no reversible error.             Accordingly, we affirm substantially
    for the reasons stated by the district court.                        Levy v. City of
    New Carrolton, Nos. 8:06-cv-02598-DKC; 8:06-cv-03304-DKC; 8:09-
    3
    cv-02552-DKC (D. Md. Mar. 17, 2009; June 11, 2009; July 30,
    2010; Aug. 11, 2010).       We dispense with oral argument because
    the facts and legal contentions are adequately presented in the
    materials   before   the   court   and   argument   would   not   aid   the
    decisional process.
    AFFIRMED
    4
    

Document Info

Docket Number: 10-2009, 10-2011

Judges: Gregory, Wynn, Diaz

Filed Date: 1/30/2012

Precedential Status: Non-Precedential

Modified Date: 11/5/2024