The Maryland Court of Special Appeals has thrown out a suit against the Montgomery County Police Department for allegedly mistreating a prisoner, citing the importance of time limits on appeals, despite extenuating circumstances.
Plaintiff Sherri Turner said police mistreated her and violated her rights following a 2000 arrest on an undisclosed charge.
The next year, Turner sued the department in federal court for $15 million.
Her case was quickly decided in favor of the police. She then began a long federal appeals process. When Turner’s efforts ultimately failed in federal appeals court in March 2005, she revisited the issue in Maryland state court.
A Montgomery County Circuit judge ruled that her state-level appeal was too late to be considered and dismissed her motion. She then undertook her appeal of the rejection of her original appeal.
Her case revolved around the question of time limits for filing state claims while a federal case is ongoing. The process came to a close when the decision favored a strict interpretation of filing procedures.
Turner argued that because she was pursuing a federal appeal, the clock for her state appeal was not running.
A similar case came before the Supreme Court earlier this year in which the high court also ruled that defendant in a murder case didn’t deserve an exemption from appeal timetables because a clerk had entered the wrong date on a court document.
