Demetric Simon v. Officer Keith Gladstone, et al.
Issue One: Whether the trial Court's grant of a Motion to Dismiss under Statute of Limitations, was legally correct and proper, based on the initial incident involving Officer Jenkins occurring in 2014, when it was unreasonable and practically impossible for Appellant to have "inquiry notice" to file a Civil Rights claim by 2017 and/or Appellant's claims should otherwise have been "equitably tolled" due to Fraudulent Concealment when: (1) no one including Appellee Baltimore City Police Department (BPD) claimed they knew Officers Gladstone, Vignola, and Hankard, participated, conspired, and fraudulently concealed their activities of planting evidence of a realistic BB gun, as part of a conspiracy to falsely arrest and imprison Simon for 317 days until a nol pross was entered, (2) later perjuring themselves before the Grand Jury to prevent discovery, (3) it is plausible a reasonable fact-finder would find it was the Federal criminal investigation and indictment made public in 2019 that gave rise to Appellant having inquiry notice, and (4) the three previously unknown ringleader co-Defendants were found criminally guilty between 2019 through 2022, to conspiring to deprive Simon of his Civil Rights and/or perjury.
Whether the statute of limitations for a civil rights claim should be equitably tolled when key evidence of police misconduct was fraudulently concealed and only publicly disclosed years after the initial incident