. 300 E. LOMBARD STREET SUITE 815 BALTIMORE, MARYLAND 21202 TEL 410.727.7887 410.727.4770 A a a A LAW May .7, 2015 VIA HAND DELIVERY AND CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED George A. Nilson, Esquire Baltimore City Solicitor BALTIMORE CITY LAW DEPARTMENT City Hall, Room 31 100 North Holliday Street Baltimore, Maryland 21202 VIA HAND DELIVERY AND CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED The Honorable Nancy K. Kopp, Treasurer LOUIS K. GOLDSTEIN TREASURY Bunomo 80 Calvert Street, Room 109 Annapolis, Maryland 21401 Re. TORT CLAIM PUBLIC INF ORMA TION A CT RE QUEST Claimant: Edward Nero and Garrett Miller I Agency/Agencies: Mayor City Council of Baltimore, Maryland, State?s Attorney?s Of?ce of Baltimore City, Baltimore City Sheriff?s Department the State of Maryland Date of Incident(s): May 1; 2015_to Present and Continuing Dear Mr. Nilson and Ms. Kopp: Our ?rm represents Edward Nero and Garrett Miller in all claims against the Mayor City Council of Baltimore, Maryland and its agencies, and their agents, servants, and employees; (ii) the State?s Attomey?s Of?ce of Baltimore City and its agents, servants and employees; the Baltimore City Sheriff?s Department and its agents, servants and employees; and (iv) the State of Maryland andits agencies, and their, agents, servants, and employees (collectively, the arising out of charges ?led against them on May 1, 2015 (the ?Occurrence?). These charges resulted in the arrest and detention of each of the above~referenced individuals. The myriad of charges levied against the above-referenced individuals include false imprisonment, degree assault, and misconduct in of?ce. These charges, and the charging documents in WASHINGTON, DC OFFICE 1776 STREET, NW SUITE 200 WASHINGTON DC 20006 TEL 202393.708 Tort Claims Letter May 7, 2015 Page 2 support of them, were not and are not supported by probable cause or arguable probable cause. These claims include, but are not limited to, all claims falling under Maryland Code Annotated, Courts Judicial Proceedings, 5301 et seq. (the ?Local Government Tort Claims Act?) and Maryland Code Annotated, State Government, '12? 101 et seq. (the ?Maryland Tort Claims Act?). This letter serves to satisfy the requirements of these statutory provisions. The State?s Attorney?s Of?ce of Baltimore City and its employees (including but not limited to Ms. Marilyn Mosby) involved in the investigation, who by the admission took an investigative role in this matter, as well as the Baltimore City Sheriff?s Department and its employees involved in the investigation, each did not . on May 1, 2015 and do not now have any legally justi?able reason to believe that the above-referenced individuals had the crimes for which they are charged. In point of fact, many of the facts contained in the Statement of Probable Cause not only fail to establish probable cause, but are patently false. A Relative to each of the abovenreferenced individuals, charges were brought against them including false imprisonment, 2? degree assault and misconduct in offiCe- based in part on the legal argument that they arrested and detained Freddie Gray without probable cause. The charges state that the knife, which was the basis of Freddie Gray? arrest, was legal and therefore no probable cause existed to arrest him. If in fact the knife was illegal, as the above?referenced individuals contend that it was, then the underlying facts that form the basis of the Statement of Charges against the police of?cers would be false. Accordingly, the charging documents, the arrest and detention of the above- referenced of?cers would itself lack in probable cause. The SAO and the Baltimore City Sheriff?s Department are hereby put on notice that they, in fact, akin to the same logic invoked by the charging documents against the police of?cers, would themselves be responsible for the false imprisonment and assault of the above-referenced individuals (not to mention false arrest). As a result of the Occurrence, the above-referenced individuals lost their freedom and dignity and suffered physical and harm from being arrested, detained, imprisoned and assaulted without cause. The above?referenced individuals? claims identi?ed herein relate to Wrongful conduct engaged in by the Governmental Entities at the time of the Occurrence, with legal damages. accruing as of that time and continuing thereafter. One of the central purposes of this letter is to make a formal settlement demand. This settlement demand is made without prejudice to the above?referenced individuals? rights, should settlement not occur, and no statements contained herein may be used in . litigation (including as evidence) or for any other purpose. The statements and representations in this letter constitute an offer in compromise of litigation and none of Tort Claims Letter May 7, 2015 Page; the information contained herein is to be considered or construed as an admission of any 'kind. If a settlement is not reached, my clients reserve the right to .claim the true and full value of this matter at trial. As a result of the injuries and damages sustained by the above-referenced individuals from the Occurrence and continuing thereafter, they each demand a sum in excess of $75,000.00, plus interest costs, and all other relief deemed necessary and just under the circumstances. This demand is made against all Governmental Entities, jointly and severally. Marylan Public Information Act Request This. letter is also a request for all information, records, and documents, related to the Occurrence in the possession of the Governmental Entities, as required by Maryland Code Annotated, State Governinent, 10?611 et seq. (the ?Maryland Public Information Ac If all or any part of this request is denied, you should provide a written statement of the grounds for the denial. If you determine that some portions of the requested records are exempt from disclosure, please provide the portions that can be disclosed. Please also note that certi?ed copies of some or all of the records sought are requested. Therefore, please advise as to the cost, if any, for obtaining a copy of the records and the total cost, if any, for all the records described above before providing any records. If you have adopted a fee schedule for obtaining copies of records and other rules or regulations implementing the Act, please send me a copy. Preservation of Evidence Including by this letter, the Governmental Entities are hereby given notice not to . destroy, conceal, or alter any paper or electronic ?les and other data generated by and/or stored on the Governmental Entities? computers and storage media or any other electronic data, including any and all email and, phone texting records relating to the identi?ed subject area(s) of this correspondence. As you may know, the Governmental Entities? failure to comply with a preservation notice can result in severe sanctions being imposed by a court for spoliation of evidence or potential evidence. I. Should you have any questions, please do not hesitate to contact me. We look forward to your response. The Law Of?ces of Joseph I Tivvis, Jr, PA Hmone410-727-1333 Oneth Charles Street Fax410-5769391 Suite 12l5 Baltimore, Maryland 21201 May 7, 2015 VIA HAND DELIVERY AND CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED George A. Nilson, Esquire Baltimore City Solicitor BALTIMORE CITY LAW DEPARTMENT City Hall, Room 31 100 North Holliday Street Baltimore, Maryland 21202 VIA HAND DELIVERY AND CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED The Honorable Nancy K. Kopp, Treasurer LOUIS K. GOLDSTEIN TREASURY BUILDING 80 Calvert Street, Room 109 Annapolis, Maryland 21401 Re. TORT CLAIM PUBLIC INF ORMA ION ACT REQUEST Claimants: Alicia White, Casear Goodson, Brian Scott Rice and William Porter Agency/Agencies: Mayor City Council of Baltimore, Maryland, State?s Attomey?s Of?ce of Baltimore City, Baltimore City Sheriff?s Department the State of Maryland Date of Incident(sl: - May 1, 2015 to Present and Continuing Dear Mr. Nilson- and Ms. Kopp: Our ?rm represents Alicia White, Casear Geodson, Brian Scott Rice and William Porter in all claims against the Mayor City Council of Baltimore, Maryland and its agencies, and their agents, servants, and employees; (ii)-the State?s Attorney?s Of?ce of Baltimore City and its agents, servants and employees; the Baltimore City Sheriff?s Department and its agents, servants and employees; and (iv) the State of Maryland and its agencies, and their agents, servants, and employees (collectively, the ?Governmental Entities?), arising out of charges ?led against them on May 1, 2015 (the ?Occurrence?). These charges resulted in the arrest and detention of each of the above?referenced Tort Claims Letter May 7, 2015 Page 2 individuals. The myriad of charges levied against the above-referenced individuals include murder, manslaughter, assault, false imprisonment and misconduct in of?ce. These charges, and the charging documents in support of them, were not and are not supported by probable cause or arguable probable cause. These claims include, but are not limited to, all claims falling under Maryland Code Annotated, Courts Judicial Proceedings, 5-301 et seq. (the ?Local Government Tort Claims Act?) and Maryland Code Annotated, State Government, 12? 101 ?et seq. (the ?Maryland Tort Claims Act?). This letter serves to satisfy the requirements of these statutory provisions. - The State?s Attorney?s Of?ce of Baltimore City and its employees (including but not limited to Ms. Marilyn Mosby) involved in the investigation, who by the admission took an investigative role in this matter, as well as the Baltimore City Sheriff?s Department and its employees involved in the investigation, each did not on May 1, 2015 and do not now have any legally justi?able reason to believe that the above?referenced individuals had committed the crimes for which they are charged. In point of fact, many of the facts contained in the Statement of Probable Cause not only fail to establish probable cause, but are patently false. Relative to each of the above-referenced individuals, charges were brought against them including murder, manslaughter, assault, false imprisonment and misconduct in of?ce based in part on the legal argument that they arrested and detained Freddie Gray without probable cause. The charges state that the knife, which was the basis of Freddie Gray?s arrest, was legal and therefore no probable cause existed to arrest - him. If in fact the knife was illegal, as the above-referenced individuals contend that it was, then the underlying facts that form the basis of the Statement of Charges against the - police officers would be false. This is an example of the false statements andXor other de?ciencies contained in the charges. Accordingly, the charging documents, the arrest and detention of the above?referenced officers would itself lack in probable cause. The SAO and the Baltimore City Sheriff?s Department are hereby put on notice that they, in fact, akin to the same logic invoked by the charging documents against the police officers, would themselves be responsible for the false imprisonment and assault of the above?referenced individuals (not to'mention faise arrest). As a result of the Occurrence, the above-referenced individuals lost their freedom and. dignity and suffered physical and harm from being arrested, detained, imprisoned and assaulted without cause. i The above-referenced individuals? claims identified herein relate to wrongful conduct engaged in by the Governmental Entities at the time of the Occurrence, with legal damages accruing as of that time and continuing thereafter. - One of the central purposes of this ietter is to make? a formal settlement demand. This'settlement demand is made without prejudice to the above-referenced individuals? Tort Claims Letter May 7, 2015 Page 3 rights, should settlement not occur, and no statements contained herein may be used in litigation (including as evidence) or for any other purpose. The statements and representations in this letter constitute an offer in compromise of litigation and none of the information contained herein is to be considered or construed as an admission of any kind. If a settlement is not reached, my clients reserve the right to claim the true and full value of this matter at trial. As a result of the injuries and damages sustained by the above-referenced individuals from the Occurrence and continuing thereafter, they each demand a sum in excess of $75,000.00, plus interest costs, and all other relief deemed necessary and just under the circumstances. This demand is made against all Governmental Entities, jointly and severally. Maryland Public Information Act Request This letter is also a request for all information, records, and documents, related to the Occurrence in the possession of the Governmental Entities, as required by Maryland Code Annotated, State Government, 10-611 et seq. (the ?Maryland Public Information Act?). If all or any part of this request is denied, you should provide a written statement of the grounds for the denial. If you determine that some portions of the requested records are exempt from disclosure, please provide the portions that can be disclosed. Please also note that certi?ed copies of some or all of the records sought are requested. Therefore, please advise as to the cost, if any, for obtaining a copy of the records and the total cost, if any, for all the records described above before providing any records. If you have adopted a fee schedule for obtaining copies of records and other rules or regulations implementing the Act, please send me a copy. Preservation of Evidence Including by this letter, the Governmental Entities are hereby given notice not to destroy, conceal, or alter any paper or electronic files and other data generated by and/or stored on the Governmental Entities? computers and storage media or any other electronic data, including any and all email and phone texting records relating to the identi?ed subject area(s) of this Correspondence. As you may know, the Governmental Entities? failure to comply with a preservation notice can result in severe sanctions being imposed by a court for spoliation of evidence or potential evidence. Should you have any questions, please do not hesitate to contact me. We lock forward to your response. i . - Tort Claims Letter May 7, 2015 Page 4 Tivvis, Jr.