Press Release

Wiley Rein Secures Important Precedential Ruling for Pro Bono Clients in Maryland Personal-Information Case

May 29, 2015

In a published decision issued on May 28, 2015, the Maryland Court of Special Appeals reversed in substantial part a trial court decision dismissing claims asserted by Wiley Rein's pro bono clients in a case brought pursuant to the Maryland Public Information Act. The court decided several important legal issues of first impression under the Act in favor of Wiley Rein's clients.

The suit was filed in 2012 on behalf of the American Civil Liberties Union of Maryland and 11 individuals against Anne Arundel County and former County Executive John Leopold. Former Anne Arundel County Police Chief James Teare was later added as a defendant. Plaintiffs alleged that Mr. Leopold, during his time in office, directed his staff and police officials to compile dossiers including personal information about the individual plaintiffs, whom he perceived to be political rivals or otherwise adverse to him.  Mr. Leopold resigned from office in 2013 after being convicted of misconduct.

In addition to seeking production of the dossiers, plaintiffs asserted claims for damages and declaratory relief, as well as an award of attorneys' fees, against the County and the individual defendants. The trial court granted each of the motions to dismiss or for summary judgment filed by the County, Mr. Leopold, and Mr. Teare.

The opinion of the Maryland Court of Special Appeals reversed the trial court as to four critical legal issues. First, it held that the Public Information Act creates a private right of action for the violations alleged by plaintiffs. Second, it rejected the County's argument that any such private right of action does not extend to claims against governmental units such as the County. Third, the court rejected the arguments by Mr. Leopold and Mr. Teare that they are entitled to governmental official immunity and so may not be held personally liable for violations of the Act. Finally, the court held that plaintiffs are entitled to pursue claims for declaratory relief and nominal damages, as well as an award of attorneys' fees if they substantially prevail in the case, regardless of whether they can prove actual damages. The court affirmed the trial court's decision on the fact-specific issues of whether the County had made an adequate search for documents and held that the issue of whether a specific tape recording of an interview conducted by the police had been improperly withheld was moot because the tape was ultimately produced.

This case is the first to address the portions of the Maryland Public Information Act that provide a private right of action. The court's opinion therefore sets an important precedent regarding the right of citizens to challenge public officials' creation and use of personal records for illegitimate reasons.

The Wiley Rein team included Richard A. SimpsonKaren L. Toto, Jennifer A. Williams, and Meredith G. Singer. ACLU of Maryland Legal Director Deborah Jeon and Senior Staff Attorney David Rocah were co-counsel on the case. Ms. Toto argued on behalf of the plaintiffs at a January 14, 2015 hearing before a three-judge panel. Consistent with its usual practice in ACLU pro bono cases, Wiley Rein will donate any attorneys' fees that may ultimately be awarded on remand to the ACLU. 

Read Time: 3 min

Practice Areas

Contact

Sarah Richmond
Director of Communications
202.719.4423
srichmond@wiley.law 

Wiley Rein LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek