Officer John Doe v. Montgomery County

  • Filed: October 11, 2022
  • Status: Filed
  • Court: Circuit Court for Montgomery County
  • Latest Update: Apr 07, 2026
FILED stamp over the MCJPA brief in support of motion to intervene and exhibits page 1.

Defending Anton's Law in Montgomery County

Update April 7, 2026, in a key win for police accountability, Montgomery County Circuit Court Judge J. Bradford McCullough issued a sweeping opinion late Friday demanding government transparency in a long-pending lawsuit brought by an anonymous police officer and the Fraternal Order of Police (FOP), John Doe v. Montgomery County. The ruling forcefully rejects FOP efforts to undermine and invalidate Anton’s Law – the public information act reform that opens access to police misconduct records.

Update: On February 24, 2023, Judge Karla Smith granted the right of the Maryland Coalition for Justice and Police Accountability to intervene in the Montgomery County FOP lawsuit. The judge vacated Montgomery County’s agreement with the FOP to litigate the case in secret, saying it was improper.

The Maryland Coalition for Justice and Police Accountability (MCJPA) filed a motion to intervene in a dangerous legal effort by the Fraternal Order of Police Lodge 35 (FOP) in Montgomery County to block access to records of police misconduct that should be accessible to the public.

MCJPA is acting to defend the community transparency protections at the core of Anton’s Law. They are asking the court first to unseal proceedings in the case, and then to reject the FOP’s lawsuit.

The lawsuit stemmed from a side deal between the FOP and Montgomery County that improperly gives the union notice of requests under Maryland’s Public Information Act for police misconduct records that Anton’s Law was intended to make available. If the FOP’s claims in this case succeed, they will eviscerate a hard-won legislative mandate for transparency meant to build trust between police and community members.


UPDATE

Update April 7, 2026, in a sweeping victory, the court rejected all of the FOP’s claims and arguments, agreeing with the intervenors that the county’s deal with the FOP violates the MPIA. The court first held that there is no legal pathway for police unions to block disclosure of the records Anton’s Law permits police departments to release, using so-called “reverse MPIA” actions like this lawsuit, securing lasting protection against future attempts to undermine transparency.

 

On Feb. 24, 2023, Judge Karla Smith granted the right of the Maryland Coalition for Justice and Police Accountability to intervene in the Montgomery County FOP lawsuit. The judge vacated Montgomery County’s agreement with the FOP to litigate the case in secret, saying it was improper. Judge also said the County does not adequately represent MCJPA’s interests. Now, MCJPA hopes that the court will reject the FOP’s lawsuit.

Case Number:
C-15-CV-22-002523
Attorney(s):
Mary Borja and Ashley Criss from Wiley Rein, and by Deborah Jeon, David Rocah, Sonia Kumar, and Nick Taichi Steiner from ACLU of Maryland

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