Joseph A. Vercillo and John A. Rego, partners in the firm’s Maryland (Metropolitan D.C.) office, successfully obtained a Summary Judgment on behalf of a former Frederick County Sheriff’s Office detective in a civil action alleging malicious prosecution, abuse of process, and gross negligence arising from a prior criminal investigation. The plaintiff, who was the subject of the prior criminal investigation, was ultimately charged and acquitted following an 8-day jury trial that concluded in March 2024. Among the charges at issue in that prior criminal proceeding were allegations of forgery and other offenses relating to a power of attorney.

On behalf of their client, Attorneys Vercillo and Rego argued that the plaintiff failed to establish the essential elements of any of the three asserted civil claims and that the undisputed evidence demonstrated the existence of probable cause supporting the underlying criminal charges. The Circuit Court for Frederick County agreed and granted Summary Judgment on all counts. In its thorough written opinion, the Court found that the plaintiff failed to produce admissible evidence, creating a genuine dispute of material fact regarding the absence of probable cause, malice, misuse of legal process, or conduct rising to the level of gross negligence. The Court also emphasized the significance of the independent judicial finding of probable cause in the underlying criminal case and the detective’s coordination with prosecutors during the criminal proceedings.

The ruling resulted in the complete dismissal of all claims against the former detective and reflects Attorneys Vercillo and Rego’s successful defense of law enforcement personnel in complex civil litigation arising from criminal investigations and prosecutions.

If you have any questions about this case please contact Joseph A. Vercillo, Esq. at jvercillo@c-wlaw.com or by phone at (410) 420-0700.