(Sept. 1, 2016) District Court Judge J. Frederick Motz ruled on a number of motions brought by the defendants in the case between three former Pocomoke City police officers and a large number of government officials and staff last Friday, denying all but one. The charges against State’s Attorney Beau Oglesby have been dismissed.
Motz, in his decision, said, “The claims raised by the plaintiffs are barred by the doctrine of absolute prosecutorial immunity.”
The U.S. Supreme Court held in 1976 that a state prosecuting attorney who acted within the scope of his duties in initiating, pursuing a criminal prosecution and presenting a case, is absolutely immune from civil damages.
The plaintiffs, former Police Chief Kelvin Sewell as well as former officers Lynell Green and Franklin Savage, alleged that Oglesby had acted outside of his duties when he read aloud, among colleagues, letters composed by a suspect during a meeting held in April 2014. The letters contained multiple instances of the word “nigga.”
Savage, an African-American, maintained repeated use of the word was unnecessary and uncomfortable in his presence, and led to the creation of a hostile work environment.
Savage claims another state’s attorney, also black, left the room because of the language.
Other incidents allegedly perpetrated by Savage’s colleagues followed this meeting, according to court documents.
Savage alleged that following this meeting, Oglesby’s attitude towards him changed, and finally led to the decision by the State’s Attorney to not call cases where Savage was involved.
Because of his inability to testify in court, Savage was terminated as a Pocomoke City police officer. He filed the lawsuit in January 2016.
Motz, in his decision, said, “The claims raised by the plaintiffs are barred by the doctrine of absolute prosecutorial immunity.”
The U.S. Supreme Court held in 1976 that a state prosecuting attorney who acted within the scope of his duties in initiating, pursuing a criminal prosecution and presenting a case, is absolutely immune from civil damages.
The plaintiffs, former Police Chief Kelvin Sewell as well as former officers Lynell Green and Franklin Savage, alleged that Oglesby had acted outside of his duties when he read aloud, among colleagues, letters composed by a suspect during a meeting held in April 2014. The letters contained multiple instances of the word “nigga.”
Savage, an African-American, maintained repeated use of the word was unnecessary and uncomfortable in his presence, and led to the creation of a hostile work environment.
Savage claims another state’s attorney, also black, left the room because of the language.
Other incidents allegedly perpetrated by Savage’s colleagues followed this meeting, according to court documents.
Savage alleged that following this meeting, Oglesby’s attitude towards him changed, and finally led to the decision by the State’s Attorney to not call cases where Savage was involved.
Because of his inability to testify in court, Savage was terminated as a Pocomoke City police officer. He filed the lawsuit in January 2016.