Since 2021, Orrick, Herrington & Sutcliffe*† has partnered with the Lawyers’ Committee for Civil Rights Under Law to challenge the Baltimore Police Department’s unlawful seizure of property from gun violence survivors without a warrant or consent.
In August 2024, Orrick reached a class action settlement resulting in major policy reforms, improved oversight, and a formal process for returning victims’ belongings. Their team also overcame qualified immunity defenses, which marked a rare but important step toward police accountability. This case reinforces the power of pro bono work to drive systemic change and protect civil rights.
Alison Epperson, Senior Associate at Orrick, shares more about this work.
- Please share the background, facts and settlement terms of the class action civil rights lawsuit against the Baltimore Police Department.
In July 2021, Orrick and the Lawyers’ Committee for Civil Rights Under the Law filed a class action lawsuit against the Baltimore Police Department (BPD) after receiving numerous reports from the community regarding BPD’s widespread and unharnessed practice of unlawfully searching and seizing the personal property of survivors of violent crimes without a warrant or their consent. As alleged in the lawsuit, between 2018 and 2021, gunshot survivors in Baltimore, after being seriously injured and while undergoing medical treatment, had their property unlawfully taken by BPD officers. BPD then refused to return the victims’ property, alleging the items still had investigative value, and in some instances, unlawfully destroyed victims’ property.
Despite initial refusals to return the victims’ property, BPD eventually worked with Orrick and the Lawyers’ Committee towards a resolution. After months of negotiations, the team settled the class action with BPD in August 2024. As part of that settlement, BPD agreed to significant revisions to certain BPD policies, and committed to training, supervising, and disciplining its officers and staff to ensure compliance with search and seizure rules. In addition, BPD notified victims whose items were still in the Department’s custody of the process they can follow to have their belongings returned.
- What type of pro bono legal services did Orrick attorneys provide in this case?
Orrick served as co-counsel alongside the Lawyers’ Committee for Civil Rights Under the Law and had a substantial role in briefing and settlement negotiations.
- What were some of the main challenges while working on this pro bono case, and how were these challenges addressed?
The existence of qualified immunity makes it incredibly challenging to hold police officers accountable for misconduct and is one of the leading reasons why most civil lawsuits against police fail.
Unsurprisingly, the individual officer defendants in this case argued they were entitled to qualified immunity to shield them from our claims that they personally participated in the violation of basic constitutional rights by conducting warrantless seizures of, and destroying, non-evidentiary property.
Through extensive legal research and carefully crafted arguments, our team successfully defeated this qualified immunity defense as to four of the officer defendants named in the lawsuit.
- What are the broader implications of this case for civil rights protections across the United States?
Without a doubt, this class action lawsuit exposed BPD’s mistreatment of victims of violent crimes and their families and the resulting harm. It also underscored the critical importance of holding law enforcement accountable for their actions and inexcusable inaction.
Orrick believes the meaningful changes to Policy 1401 are a significant victory for victims across Baltimore who have suffered similar harm from law enforcement. Not only will the relevant BPD policies, as revised under the settlement, help protect the constitutional rights of future victims and their loved ones in the aftermath of a violent crime, it will also serve as a model for police departments throughout the country and sends a clear message: This type of misconduct will not be tolerated.
- What are the most rewarding aspects of working on a pro bono case such as this one?
Through this settlement, we were able to vindicate the rights of the victims of egregious due process violations and secured reforms that will have a lasting effect in Baltimore and cities across the country. This case allowed our team of lawyers to more tangibly support and actively fight for the change our legal system desperately needs.
This case exemplifies why Orrick is so committed to providing pro bono support to strengthen civil rights protections in communities across the country.
- Is there any advice that you would give to other firms considering taking on pro bono cases?
Law firms should never shy away from providing pro bono support to strengthen civil rights protections in communities across the country.
I believe it is important to encourage young attorneys in your firm to make pro bono work a priority in their practice from the very beginning.
| Each year, the signatories to the PBI Law Firm Pro Bono Challenge® and Corporate Pro Bono Challenge® initiatives provide important pro bono services to underserved, disadvantaged, and other individuals or groups unable to secure the legal assistance needed to address critical problems. The PBI Signatory Showcase spotlights some of the amazing work signatories have done to serve those in need.VIEW THE SIGNATORY SHOWCASE |
* denotes a Law Firm Pro Bono Challenge® signatory
** denotes a Corporate Pro Bono Challenge® signatory
† denotes a Law Firm Pro Bono Project® member