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Case 8:14-cv-01636-DKC Filed 20-May-2014 in the United States District Court for the District of Maryland.
This lawsuit seeks redress for harms inflicted by Defendant Anthony B.
Covington, the Charles County State's Attorney (hereinafter "Defendant Covington"),
who misused his governmental prosecutorial power and deprived Plaintiff Candice Quinn Kelly (hereinafter Plaintiff Kelly") of her Constitutional rights.
Case 8:14-cv-01636-DKC Filed 20-May-2014 in the United States District Court for the District of Maryland.
This lawsuit seeks redress for harms inflicted by Defendant Anthony B.
Covington, the Charles County State's Attorney (hereinafter "Defendant Covington"),
who misused his governmental prosecutorial power and deprived Plaintiff Candice Quinn Kelly (hereinafter Plaintiff Kelly") of her Constitutional rights.
Case 8:14-cv-01636-DKC Filed 20-May-2014 in the United States District Court for the District of Maryland.
This lawsuit seeks redress for harms inflicted by Defendant Anthony B.
Covington, the Charles County State's Attorney (hereinafter "Defendant Covington"),
who misused his governmental prosecutorial power and deprived Plaintiff Candice Quinn Kelly (hereinafter Plaintiff Kelly") of her Constitutional rights.
Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 1 of 12
IN TILE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Candice Quinn Kelly ) 8400 Old Stagecoach Road ) La Plata, MD 20646 ) Plaintiff ) )
) C.A. No. JURY DEMANDED v. ) ) Anthony B. Covington ) Charles County State's Attorney ) 200 Charles Street ) La Plata, MD 20646 ) Defendant ) ) )
COMPLAINT 1. This lawsuit seeks redress for harms inflicted by Defendant Anthony B. Covington, the Charles County State's Attorney (hereinafter "Defendant Covington"), who misused his governmental prosecutorial power and deprived Plaintiff Candice Quinn Kelly (hereinafter Plaintiff Kelly") of her Constitutional rights. 2. State's Attorneys are elected officials and hold a special position of power and trust because they are entrusted with the power to enforce criminal laws. Defendant Covington did not prosecute Plaintiff Kelly for any crime, yet made a series of statements in his official capacity that were designed to mislead the public into believing Plaintiff Kelly engaged in criminal conduct. 3. This lawsuit seeks to enjoin Defendant Covington's continued wrongdoing and obtain damages sufficient to compensate Plaintiff Kelly for her losses, and punish and deter Defendant Covington. Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 2 of 12 JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction over this lawsuit pursuant to 42 U.S.C. 1983. 5. This Court has subject matter jurisdiction over this lawsuit pursuant to 28 U.S.C. 1331. 6. Venue is proper in this district. 28 U.S.C. 1391(b). PARTIES 7. Plaintiff Candice Quinn Kelly resides in Charles County at 8400 Old Stagecoach Road, La Plata, Maryland 20646. She presently serves as President of the Charles County Board of Commissioners after having been duly elected in November 2010. 8. Defendant Anthony B. Covington resides in Charles County and serves as Charles County State's Attorney. His office address is 200 Charles Street, La Plata, Maryland 20646. FACTUAL ALLEGATIONS 9. Defendant Covington graduated from American University College of Law in 1990. From 1991 to 1997, Defendant Covington served as Assistant State's Attorney for Charles County. In November 2010, the voters of Charles County elected Defendant Covington to a four-year term as the State's Attorney for Charles County. Defendant Covington serves as a State's Attorney, and thus has a duty to represent the State of Maryland, not any individual. See Maryland Code of Criminal Procedure ("Md. Crim. Code"), 15-102. 10. Defendant Covington exercises prosecutorial discretion on the part of the State of Maryland, and may act only to further the State's interest in public safety. See Jones v. 2 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 3 of 12 Ziegler, 894 F.Supp. 880 (D.Md. 1995), aff'd Jones v. Wellham, 105 F.3d 620 (4th Cir. 1997). 11. Defendant Covington serves on a full-time basis, is paid the same as a circuit court judge, and cannot engage in the private practice of law. See Md. Crim. Code, 15-409 (b) and (e). 12. Defendant Covington has the power to issue subpoenas to compel the production of testimony and documents. See Md. Crim. Code, 15-102. 13. Defendant Covington has the power to appoint deputy State's Attorneys and assistant State's Attorneys. See Md. Crim. Code, 15-409 (c). Defendant Covington used this power to appoint a Deputy State's Attorney who later became a judge. 14. Defendant Covington is not overseen or supervised by anyone. Rather, Defendant Covington has the power and responsibility to prosecute all criminal cases arising in Charles County. See Maryland Constitution of 1851, Art. V, 1-5 and Md. Crim. Code, 15-101 through 15-109, 15-409. 15. Defendant Covington knows he is entrusted by the public with a significant amount of law enforcement power, and knows he is required to carry out his job duties in a professional manner not influenced by any private pecuniary or other interest. 16. Defendant Covington receives guidance and training by the State's Attorneys' Coordination Council, which establishes standard and specialized training programs and coordinates legal education programs and services for States Attorneys and their professional staffs. See Md. Crim. Code 15-102. Defendant Covington also learned of his obligations to act professionally in law school and in the mandatory professional responsibility training administered by the State of Maryland. 3 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 4 of 12 17. Defendant Covington is well-versed in the ethical rules that govern the conduct of prosecutors. 18. Defendant Covington intentionally and knowingly abused his power as State's Attorney in a manner that harmed Plaintiff Kelly. Defendant Covington is vested with prosecutorial power by the State of Maryland, and his malfeasance violated Plaintiff Kelly's rights protected by the Constitution of the United States and the Constitution of Maryland. 19. Defendant Covington's course of wrongful conduct persists to date. 20. On or about April 16, 2012, Defendant and his Deputy States' Attorney began to interview several Charles County employees. 21. Defendant Covington immediately discovered that he lacked any basis whatsoever to commence a criminal investigation of Plaintiff Kelly because no witness testified to any conduct by Plaintiff Kelly that rose to the level of any crime set forth in the Criminal Codes of either the United States or Maryland. 22. Instead, Defendant Covington learned within days that the witnesses alleged only the following: On or about December 29, 2011, Plaintiff Kelly obtained a copy of an IRS W-2 Form prepared by Charles County and issued by Charles County to a Commissioner in the year prior to her election as President of the County Commission. 23. Defendant Covington knew that the Maryland Code on Local Government grants Charles County Commissioners, including Plaintiff Kelly, the powers needed to operate County government, including the right to hire and fire employees, and the right to establish compensation plans for employees and for the Commissioners themselves. See Md. Code, Local Government, 12-106, 12-102 and 12-201. 4 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 5 of 12 24. Defendant Covington knew the Maryland Code on Local Government grants Commissioners the power to control property owned by the County. See Md. Code, Local Government, 9-104. 25. Defendant Covington knew that federal law requires employers, including local governmental employers such as Charles County, to prepare and submit accurate W-2 Folios to the federal government. 26. Defendant Covington knew that the Internal Revenue Code requires employers, including local governmental employers such as Charles County, to report any personal use of government vehicles. Such personal use is considered a taxable form of income by the federal government. 27. Thus, Defendant Covington knew that Plaintiff Kelly, President of the County Commission, acted well within the scope of the powers vested in her and the other Commissioners when she requested the IRS W-2 Form to ascertain whether Charles County was failing to fulfill its obligations either (1) under federal law by substantially understating on W-2s the mileage attributable to one or more Commissioners' personal use of County-owned vehicles, or (2) under state law by providing certain Commissioners a de facto salary increase without any public notice or legislation. 28. Defendant Covington knew that Plaintiff Kelly and all of the County Commissioners have the responsibility to ensure that the County does not overpay Commissioners and does not permit County-owned vehicles to be appropriated for personal use without such personal use being properly reflected by the County payroll staff on the federal tax forms sent to the Commissioners. 5 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 6 of 12 29. Defendant Covington knew that Plaintiff Kelly is peimitted, and on occasion obligated, to review IRS W-2 Forms prepared by the County. 30. Defendant Covington knew that no one alleged that Plaintiff Kelly improperly released any confidential personnel information revealed by the W-2 forms to any member of the public or used the IRS W-2 Form for any improper purpose. 31. Defendant Covington knew that Plaintiff Kelly's actions indisputably were permissible and appropriate actions that did not violate any federal or state law but instead were acts taken to ensure that the County did not continue to understate personal vehicle usage in federal filings made by the County. 32. Defendant Covington knew that the Office of Special Prosecutor advised Defendant Covington that Plaintiff Kelly should not be prosecuted. 33. Despite knowing Plaintiff Kelly had not committed any crime, Defendant Covington abused his power and authority by waging a defamatory campaign publicizing his "criminal investigation" of Plaintiff Kelly. 34. Defendant Covington abused his position of authority as law enforcement to mislead the public into believing that Plaintiff Kelly was a criminal who violated federal and state laws. 35. Reasonable discovery will show that Defendant Covington did not act alone, but instead conspired with others, discussing how best to use the pendency of the ongoing investigation to harm Plaintiff Kelly's reputation and to interfere with her performance of her duties as President of the Charles County Commission. 36. Defendant Covington improperly released grand jury transcripts to the public in order to harm Plaintiff Kelly. The United States and Maryland conduct grand juries in 6 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 7 of 12 secrecy and seal grand jury transcripts into order to ensure that innocent persons are not harmed by false or mistaken allegations of criminal activity. Prosecutors, including Defendant Covington, have a public duty to ensure that their offices maintain that confidentiality, and do not reveal details about ongoing investigations or do anything else to give rise to false impressions of criminality. 37. Defendant Covington lacked any evidence with which to charge Plaintiff Kelly with a crime, and he never charged her with any criminal conduct. Instead, knowing he lacked any evidence on which to press charges, Defendant Covington orchestrated the improper release of grand jury transcripts as a way to damage Plaintiff Kelly. 38. On or about January 7, 2014, Defendant Covington sought and obtained from his fall ler Deputy State's Attorney an ex parte judicial order permitting the release of grand jury transcripts generated during the "investigation" of Plaintiff Kelly. Reasonable discovery will show Defendant Covington bypassed and subverted the judicial procedures in place that require filings to made through the Clerk of Court, not directly to a judge. This procedure is designed to ensure the unbiased assignment of judges. 39. Defendant Covington knew that the ethical rules governing judges prevented his former Deputy State's Attorney from ruling on the Petition in his new position as a judge, as he had personally participated as Deputy State's Attorney in the "investigation" by interviewing witnesses. 40. Reasonable discovery will show that on or about January 7, 2014, Defendant Covington brought the Petition directly to his former Deputy, engaged in ex parte discussions, and obtained his signature on an order dated January 7, 2014, authorizing the release of the grand jury testimony. 7 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 8 of 12 41. Reasonable discovery will show that on or about January 8, 2014, Defendant Covington attempted to obscure his wrongdoing by bringing the Petition to the Clerk of the Court and having it file-stamped on January 8, 2014. 42. Reasonable discovery will show that the Clerk of the Court did not have the opportunity to assign a judge to proceeding because Defendant Covington had already obtained his former Deputy's signature on an Order authorizing the release of grand jury testimony elicited during the "investigation" of Plaintiff Kelly. 43. Reasonable discovery will show that either Defendant Covington or his former Deputy States' Attorney altered the date from January 7 to January 8 on the Order to prevent detection of their effort to bypass the proper judicial procedures. 44. Defendant Covington abused the public trust and his status as a prosecutor to harm Plaintiff Kelly by telling the public she had committed a crime. 45. On or about February 5, 2014, Defendant Covington made a series of defamatory statements to a reporter. Defendant Covington intended for his statements to be published, which they were. 46. Defendant Covington stated words to the effect that "just because a case is not prosecuted does not mean a crime has not occurred." 47. Defendant Covington intentionally misled the public into believing Plaintiff Kelly had committed a crime, stating "W-2 forms are considered tax information. They are not considered discloseable or releasable. To attempt to get that information is not right unless you're entitled to it. I know Commissioner Kelly has said repeatedly there was no wrongdoing. Well I just gave you what the law is, so I think people can look at the grand jury documents and decide for themselves." 8 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 9 of 12 48. By so stating, Defendant Covington was abusing his position of trust, and falsely conveying to the public that the law prevented Plaintiff Kelly from accessing the W-2s filed by Charles County, when he knew that the opposite was true. By so stating, Defendant Covington acted with actual knowledge of the falsity of the statements, or with reckless disregard as to the truth or falsity of the statements, and violated Plaintiff Kelly's Constitutional rights, including the right of confrontation, and misled the public into believing that Plaintiff Kelly had committed a crime for which she could have been prosecuted by his office. 49. Defendant Covington knew that Plaintiff Kelly was entitled to review W-2s, and knew that no one alleged she released confidential social security numbers or other confidential tax information to anyone. In short, Defendant Covington knew his "investigation" had not elicited any evidence of any wrongdoing by Plaintiff Kelly. 50. Reasonable discovery will show that Defendant Covington continues to abuse the prosecutorial power, and disseminate falsehoods about Plaintiff Kelly. 51. Reasonable discovery will show that during the pendency of this criminal investigation, Defendant Covington provided confidential information about the criminal investigation to persons outside his office. 52. Defendant Covington lacked any good faith belief to commence a criminal "investigation" of Plaintiff Kelly, but instead commenced such an investigation as a means to harm Plaintiff Kelly's reputation and impede her ability to perform her responsibilities as President of the Charles County Commission. 9 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 10 of 12 53. Defendant Covington conducted the investigation of Plaintiff Kelly, and publicized that investigation, as a means to harm her reputation and interfere with her performance of her duties as County Commission President. 54. Defendant Covington breached his obligations of confidentiality surrounding an ongoing investigation and grand jury proceedings, and instead conspired with others to violate Plaintiff Kelly's Constitutional rights, including her substantive and procedural due process rights. 55. Defendant Covington lacks any form of absolute or qualified immunity for his conduct. Defendant Covington never prosecuted Plaintiff Kelly, and his wrongful acts were done in settings other than judicial settings. 56. Defendant Covington abused the public trust and violated his obligations as State's Attorney. 57. Defendant Covington's past and ongoing malfeasance directly caused substantial damages to Plaintiff Kelly, including damage to her reputation, damage to her ability to perform her job responsibilities (thus further harming the public), damages caused by Plaintiff Kelly being forced to expend her own resources to obtain legal assistance, damage to her future income-earning capacity, and damage to her mental health and well- being. 58. Plaintiff Kelly demands a jury. 10 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 11 of 12 COUNT I VIOLATION OF CONSTITUTIONAL RIGHTS 59. Each and every prior allegation is hereby incorporated in full by reference into this Count as if fully set forth herein. 60. Defendant Covington's abuse of his governmental power has violated Plaintiff Kelly's Constitutional rights, including her due process rights (both substantive and procedural) and her right to confrontation. 61. Plaintiff Kelly brings suit under 42 U.S.C. Section 1983, which permits civil actions for the deprivations of rights, privileges and immunities secured by the Constitution and other laws. COUNT II DEFAMATION 62. Each and every prior allegation is hereby incorporated in full by reference into this Count as if fully set forth herein. 63. Defendant Covington made a series of factual statements about Plaintiff Kelly to the media with the intent that the media publish those statements. 64. Defendant Covington acted with knowledge of the falsity, or with reckless disregard for the truth, by making factual statements to the effect that Plaintiff Kelly had committed a crime. 65. Defendant Covington lacks any privilege to make such statements to the media. 66. Defendant Covington's defamatory statements directly caused financial and emotional harm to Plaintiff Kelly. 67. Plaintiff Kelly brings suit under the common law of Maryland, and seeks compensatory and punitive damages for Defendant Covington's defamation. 11 Case 8:14-cv-01636-DKC Document 1 Filed 05/20/14 Page 12 of 12 PRAYER FOR RELIEF Plaintiff Kelly seeks all remedies permissible as means to redress the harms inflicted by Defendant, including but not limited to (1) all remedies available under the Constitution and statutes intended to implement the Constitution, including but not limited to injunctive relief, compensatory damages, punitive damages, and attorneys fees and costs; (2) all remedies available under the statutory law of Maryland, including but not limited to treble damages, and attorneys fees and costs; (3) all remedies available under common law, including but not limited to an direct, consequential and incidental damages, compensatory damages, punitive damages, and attorneys fees and costs; (4) an award of attorneys' fees, costs and expenses, as provided by law or equity or otherwise; (5) an award of pre-judgment and post judgment interest; and (6) any and all additional remedies that justice may require. Susan L. Burke Law Offices of Susan L. Burke 1611 Park Avenue Baltimore, MD 21217 Telephone: (410) 733-5444 sburke@burkepllc.com May 20, 2014 12
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