A Rule 12(b)(6) Showdown Over Prosecutorial Immunity and Court Accountability

By Michael Phillips | MDBayNews

A federal civil rights lawsuit challenging prosecutorial decisions and court conduct in a long-running custody dispute is now facing an early dismissal bid from the Maryland Attorney General’s Office — setting up what legal observers describe as a Rule 12(b)(6) showdown.

The case, Reichert v. Hornbeck et al., was removed from Baltimore County Circuit Court to the U.S. District Court for the District of Maryland in January 093115453003. The complaint alleges constitutional violations, selective enforcement, and ADA-related claims stemming from years of protective order filings, criminal charges, and court proceedings tied to a contentious custody battle.

Now, the Maryland Attorney General’s Office, representing Assistant State’s Attorney Michelle Demma Fuller, has filed a motion to dismiss the case under Federal Rule of Civil Procedure 12(b)(6).

At issue: whether the lawsuit survives the pleading stage — or ends before any discovery begins.

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The State’s Argument: Absolute Prosecutorial Immunity

In its memorandum supporting dismissal, the Attorney General’s Office invokes absolute prosecutorial immunity, a long-standing doctrine shielding prosecutors from civil liability for actions taken within their official prosecutorial role.

The motion argues that decisions to initiate, pursue, or dismiss criminal charges are core judicial functions protected under Supreme Court precedent. Even if such decisions are alleged to be wrongful, immunity applies so long as they are prosecutorial in nature.

The state further contends that the complaint fails to sufficiently allege discrimination under the Americans with Disabilities Act or constitutional violations, describing portions of the pleading as conclusory.

The proposed order seeks dismissal with prejudice, meaning the claims would be permanently barred.

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The Plaintiff’s Claims

The lawsuit challenges what the plaintiff describes as a pattern of repeated arrests, dropped charges, protective order filings, and alleged selective enforcement tied to custody disputes.

According to public case search records spanning multiple years and jurisdictions, the litigation history between the parties includes custody proceedings, domestic violence filings, criminal matters, and appeals.

The federal complaint asserts:

• Denial of access to courts
• Equal protection violations
• ADA Title II claims
• Due process violations
• Requests for declaratory and injunctive relief

The plaintiff alleges that repeated criminal charges were filed and later dropped, while protective order filings continued, resulting in police contact and court restrictions despite the absence of convictions.

These allegations remain unproven. The federal court has not made findings on the merits.

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Why This Matters Beyond One Case

This is more than a custody dispute.

At stake is whether litigants alleging constitutional or ADA violations by prosecutors and court actors can even reach discovery — or whether immunity doctrines bar the courthouse doors at the outset.

Rule 12(b)(6) allows dismissal when a complaint fails to state a legally sufficient claim. Courts must accept factual allegations as true at this stage but may dismiss claims deemed implausible or legally barred.

Absolute prosecutorial immunity, as argued by the state, is among the most powerful shields in American civil litigation. It exists to protect prosecutorial independence and prevent retaliatory lawsuits over charging decisions.

Critics argue that the doctrine can also create accountability gaps, particularly in high-conflict domestic cases where repeated filings and dismissals occur.

Supporters argue that without immunity, prosecutors would be inundated with litigation from defendants dissatisfied with charging outcomes.

This case squarely places that tension before a federal judge.

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The Structural Question

Regardless of the outcome, the case highlights broader policy questions:

• What safeguards exist against repetitive filings in high-conflict custody disputes?
• How often are domestic-related charges filed and later dismissed?
• What remedies exist when litigants believe the system is being used as leverage?
• How do immunity doctrines affect public trust in the justice system?

The answers may have implications far beyond this individual lawsuit.

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What Happens Next

The plaintiff will have an opportunity to file an opposition to the motion to dismiss. The Attorney General’s Office may then reply.

U.S. District Judge Stephanie A. Gallagher will determine whether the claims survive the pleading stage or are dismissed.

If dismissed with prejudice, the case could be appealed to the U.S. Court of Appeals for the Fourth Circuit.

If any claims survive, the case would proceed to discovery — where factual development, internal records, and sworn testimony could become part of the public record.

For now, the litigation remains at a critical inflection point.

A federal civil rights lawsuit challenging prosecutorial and court conduct is now facing an immunity-based dismissal motion from the Maryland Attorney General.

The outcome will determine whether the case moves forward — or ends before it truly begins.

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What We Know / What We Don’t Know

What We Know

• The case has been removed to the U.S. District Court for the District of Maryland. 093115453003
• The Maryland Attorney General’s Office has filed a Rule 12(b)(6) motion to dismiss on behalf of Assistant State’s Attorney Michelle Demma Fuller. 5
• The state is asserting absolute prosecutorial immunity for charging decisions. 5-1
• The proposed order seeks dismissal with prejudice. 5-2
• Public court records reflect a long-running history of custody, protective order, and related criminal filings between the parties.
• Several criminal cases were nolle prossed or dismissed.

What We Do Not Know

• Whether any prosecutor acted improperly.
• Whether the federal court will allow any claims to proceed to discovery.
• Whether similar repeat-filing patterns are widespread across Maryland.

The federal court has not made findings on the merits. All allegations remain unproven.

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Reform Roadmap: If This System Is Working as Designed, Should It Be Redesigned?

Regardless of how this particular lawsuit is resolved, the case raises structural questions that affect families statewide.

If Maryland policymakers want to reduce legal warfare while preserving real victim protections, here are reform options worth debating:

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1. Repeat-Filing Safeguards

When the same parties file multiple protective order petitions within a defined time period, courts could:

• Require heightened evidentiary review before issuing ex parte relief.
• Automatically schedule expedited evidentiary hearings.
• Track repeat filings for statistical review.

This would preserve access to protection while discouraging procedural churn.

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2. Data Transparency

Maryland could publish anonymized annual data showing:

• Percentage of domestic assault charges that are nolle prossed.
• Percentage of ex parte protective orders that are dismissed at hearing.
• Frequency of repeat filings between identical parties.
• Average time from filing to final disposition.

Transparency builds trust.

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3. Expedited Merits Hearings

In high-conflict custody cases, extended interim restrictions can reshape long-term custody outcomes.

Statutory reform could require:

• Accelerated full hearings within strict timeframes.
• Written findings when ex parte orders are extended.
• Clear evidentiary standards for continued restrictions.

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4. Sanctions for Demonstrably Bad-Faith Filings

When a court finds that a petition was knowingly false or filed for harassment:

• Cost-shifting mechanisms could apply.
• Repeat abusive filings could trigger judicial warnings.
• Judicial findings could be memorialized to deter recurrence.

This must be carefully balanced to avoid chilling legitimate victims.

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5. Prosecutorial Accountability Reporting

Without eliminating immunity, the state could:

• Publish aggregate charging-to-dismissal ratios in domestic cases.
• Clarify internal charging guidelines.
• Establish independent review channels for repeat nol pros cycles.

Immunity protects independence — but transparency protects legitimacy.

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6. Interstate Jurisdiction Clarity

For separated parents relocating across state lines:

• Clear public guidance on jurisdictional authority.
• Uniform service and enforcement standards.
• Transparent explanation of when and why police may appear across state borders.

Confusion fuels distrust.

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The Bigger Question

The doctrine of absolute prosecutorial immunity is designed to protect independent decision-making.

But when repeated arrests are followed by dropped charges — and when custody disputes produce cycles of filings — public trust erodes.

The core policy question is not whether to protect victims or shield prosecutors.

It is whether the system adequately distinguishes between:

• Legitimate safety concerns
  and
• Repetitive procedural escalation in high-conflict disputes.

That debate deserves sunlight.