Fourth Circuit Remands Baltimore City Jail Case to District Court to Proceed
On April 20, 2005, the Fourth Circuit Court of Appeals in Richmond, Virginia granted the relief requested by the Public Justice Center and the ACLU's National Prison Project in the Duvall case against the Baltimore City Detention Center. Previously, the State appealed District Court Judge Motz’s order of last fall that permitted us access to discovery and also denied the State’s motion to terminate the consent decree. The State filed an appeal on a technical deficiency in the court 's order. Even though Judge Motz indicated a desire to redress the technical issue, which would have resolved the problem without the necessity of an appeal, the State insisted on full briefing of the appeal.The Fourth Circuit ruled, remanding the order to Judge Motz so that he could amend his order to fix the technical problem. This event confirms the adage that "the wheels of justice may grind slowly, but they do grind."