In a series of court papers filed beginning in September, lawyers representing the mother of deceased prisoner Ronnie White have asked a judge to let the lawsuit proceed, while a lawyer for County Executive Jack B. Johnson, police and jail officials says that the case must wait until after federal officials finish investigating the case.
White, who allegedly killed a police officer, was found dead in his cell on June 29, 2008, one day after he was charged with homicide in the death of county police officer Richard Findley.
While guards have said that the prisoner hanged himself, medical examiners have listed the cause of death as a homicide. Alleged inconsistencies in the guard's testimony and missing evidence have raised questions about the death, though a grand jury this summer declined to indict the accused guards.
In June, White's mother, Angela L. White, filed the civil case against the county government, jail director Mary Lou McDonough and guards at the facility. Lawyers are seeking $51.2 million in penalties on each of the 11 counts, which include assault, civil rights violations, negligence and false arrest.
Lawyers for Angela White also want a jury to impose $102 million in punitive damages on the county on each count, according to court papers.
Because the U.S. Department of Justice is allegedly investigating the case, according to a county lawyer, it prevents officials from defending themselves in the civil suit since their testimony could be used against them for possible criminal charges.
One of the chief suspected guards in the case, corrections officer Ramon Davis, has said he would invoke his Fifth Amendment rights which protects people from having to testify against themselves and refuse to answer questions, county attorney Rajesh Kumar wrote in the motion.
Unlike in criminal trials where the refusal to answer questions cannot be held against a person, civil juries can use that refusal as a factor in their decisions, Kumar wrote.
The inability of the county to answer questions would "be fatal to the defendants' ability to present a viable and adequate defense," he wrote in the county's motion.
"While the public has an interest in the resolution of this matter, that interest pales in comparison to ... unraveling any criminal enterprise which is subject of the open DOJ investigation," wrote Kumar, who declined to be interviewed for this story.
Lawyers for White's mother said that since nobody has been charged with a crime after more than a year of investigating, the civil suit should be allowed to proceed. Previous court stays on open investigations were made as the defendants faced charges.
"This is not the first investigation into the death of Ronnie White," wrote Bobby Henry, attorney for White. "The basic, undeniable, salient fact is that none of the defendants have been indicted."
Federal authorities have allegedly taken an interest in the case, according to documents filed by Kumar. White's death is one of several security concerns that has been raised at the Upper Marlboro jail in the past two years.
The former jail director was fired after guns went missing from the center's armory in the spring of 2007. The termination came after a rookie guard was arrested for supplying cell phones to fellow gang members inside the facility and several prisoners were found with handcuff keys during routine searches.
Kumar said in court papers that the ongoing civil rights investigation was confirmed by DOJ official Jeffrey Blumberg. Calls to Blumberg were not returned.
Under department policy, justice department officials do not normally confirm the existence of an investigation until after charges are filed. DOJ investigations can run for years, and it is rare for the department to confirm when they end.
That uncertainty was noted by Henry, who said that holding off the civil suit while the department investigates would leave his client in limbo.
In court papers, Henry said a stay would be "potentially infinite in scope and perpetual in time."
Court papers in the White lawsuit also reveal a potential split between White and her son's father, Ronnie Lionel Harris, over the case.
In motions he personally drafted, Harris said he supports giving investigators more time in the case and accuses the mother of pushing the lawsuit for money. He also said the mother has tried to remove him as a plaintiff in the multimillion-dollar lawsuit.
"It's clear in my mind [the plaintiffs] are duping and deceiving the public and [sic] this case, which I have no part," Harris wrote.
Harris and Angela White could not be reached for comment.