OCEAN CITY — A federal judge has dismissed as defendants the Maryland State Police and two troopers in a $1 million brutality suit filed last year by a Virginia woman arrested while pregnant during a June 2013 melee on the beach.
Last July, Dalima Palmer, 28, of Dumfries, Va., filed suit in U.S. District Court against the Ocean City Police Department (OCPD) officer who allegedly tackled her to the ground while she was nine months pregnant during a brawl on the beach. While in custody, Palmer went into labor and had to be transported to the hospital where her infant was delivered via C-section, allegedly because of her rough treatment by police during the altercation.
Named in the suit were the OCPD, Chief Ross Buzzuro, two unnamed OCPD officers who allegedly denied Palmer medical attention while she was in police custody, the Maryland State Police (MSP) and two MSP troopers named only in the complaint as John Does. The latter two were named as defendants because Palmer alleged the unnamed John Does remained in her hospital room against her wishes while she gave birth via C-section to her child as a result of the incident.
U.S. District Court Judge George Levi Russell III last week dismissed the MSP and the two “John Does” as defendants in the case, opining Palmer was not successful arguing in her complaint the two MSP officers acted maliciously or were grossly negligent when they allegedly remained in her hospital room while she gave birth to her child.
“The state argues that insofar as Palmer asserts that the John Does are MSP officers and Palmer sues them in their individual capacities, the John Does are entitled to immunity under the Maryland Tort Claims Act because Palmer does not plausibly allege that the John Does were malicious or grossly negligent,” the judge’s order reads. “The court agrees with the state.”
While the MSP “John Does” may or may not have remained in Palmer’s hospital room while she gave birth, the judge’s order for dismissal asserts they did not do so with malice or negligence.
“Palmer’s allegations regarding the John Does’ conduct are as sparse as they are bare,” the judge’s order reads. “The court concludes that even construing the above allegations in the light most favorable to her, Palmer fails to plausibly allege that the John Does acted with malice or gross negligence. The closest Palmer gets to plausibly alleging malice or gross negligence is when she states the John Does ‘intended’ to harm her emotionally.”
While the MSP and the two John Does were dismissed this week as defendants, the case against the other named defendants including the OCPD and the arresting officer, along with the other officers who allegedly denied Palmer medical treatment when she initially went into labor will move forward.
The incident in question began around 2:30 p.m. on July 21, 2013 when Ocean City police responded to the beach at North Division Street for a reported group of disorderly males. The request for assistance came from an Ocean City Beach Patrol lifeguard, who told police he had approached the group about playing soccer on the crowded beach, at which time one of the suspects allegedly threatened him.
When OCPD officers attempted to speak with the suspect, identified as Abdul Kargbo of Woodbridge, Va., he began cursing and yelling at the officers and attempted to leave the scene. As officers attempted to arrest Kargbo, other members in the disorderly group began to yell at police and act in a disorderly manner.
What happened next, according to police reports and witness testimony, was a pushing and shoving match between the suspects and the police, including punches thrown, as officers attempted to detain the combatants, including Musa Seisay, 27, of Garrisonville, Md., Saidu Kargbo, 24, of Woodbridge, and Palmer, then 24, of Dumfries, Va.
According to police reports and witness testimony, Palmer, who was nine months pregnant at the time, was involved in the fray and verbally and physically abused the arresting officers. During the struggle, Palmer was wrestled to the beach by OCPD officers and an attempt was made to handcuff her.
All four of the suspects were arrested and charged with various offenses. Palmer was taken to the Public Safety Building for processing when she began to experience labor pains. She was ultimately transported to PRMC in Salisbury where she gave birth to her child via C-section. She was later charged with second-degree assault, resisting arrest, disorderly conduct and reckless endangerment.
Each of the four suspects in the case, including Palmer, was ultimately found guilty. Palmer was found guilty of second-degree assault and was initially sentenced to 30 days, but upon reconsideration was placed on probation for one year.
