No. 24A1283

Demetric Simon v. Officer Keith Gladstone, et al.

Lower Court: Fourth Circuit
Docketed: 2025-06-25
Status: Presumed Complete
Type: A
Tags: civil-rights equitable-tolling fraudulent-concealment inquiry-notice police-misconduct statute-of-limitations
Latest Conference: N/A
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2025-07-23
Application (24A1283) granted by The Chief Justice extending the time to file until August 29, 2025.
2025-07-10
Application of Demetric Simon for a further extension of time submitted.
2025-07-10
Application (24A1283) to extend further the time from July 20, 2025 to August 29, 2025, submitted to The Chief Justice.
2025-06-27
Application (24A1283) granted by The Chief Justice extending the time to file until July 20, 2025.
2025-06-21
Application (24A1283) to extend the time to file a petition for a writ of certiorari from June 30, 2025 to July 30, 2025, submitted to The Chief Justice.

Attorneys

Demetric Simon
Michael Alan WeinLaw Offices of Michael A. Wein, LLC, Petitioner