Federal court allows civil rights case against Maryland state trooper to proceed to trial

BALTIMORE, MD - The United States District Court for the District of Maryland has denied a motion for summary judgment filed by Maryland State Trooper Justin Mallow in a civil rights lawsuit alleging excessive force and racially-motivated assault during a 2021 arrest. The ruling allows Plaintiff Shawntay Gill's case to proceed to trial.

In her opinion, U.S. District Judge Stephanie A. Gallagher found that genuine disputes of material fact exist regarding Mr. Gill's allegations that Trooper Mallow subjected him to unnecessary force, racial slurs, and degrading treatment during the execution of a search warrant on September 14, 2021. The Court rejected the officer's argument that no reasonable jury could believe Mr. Gill's account of events.

"This ruling represents a significant victory not just for Mr. Gill, but for all victims of police misconduct seeking their day in court," said Jordan D. Howlette, Managing Attorney at Justly Prudent and counsel for Mr. Gill. "The Court recognized that when an officer's conduct is in dispute, it's up to a jury—not a judge—to determine whose version of events to believe."

The lawsuit alleges that Trooper Mallow conducted an unnecessary and invasive search of Mr. Gill after another officer had already searched him, physically assaulted him multiple times while using racial slurs, and threatened his life. Evidence presented to the Court showed that Trooper Mallow had previously targeted Mr. Gill through failed attempts to recruit informants against him.

The Court also rejected Trooper Mallow's claim of qualified immunity, finding that if Mr. Gill's allegations are proven true, no reasonable officer could have believed such conduct was constitutional.

The case is Shawntay Gill v. Justin Mallow (Case No. 1:22-cv-02077-SAG), filed in the United States District Court for the District of Maryland.