Taccino v. City of Cumberland, Maryland

3 Citing cases

  1. Johnson v. U.S. Dep't of Justice

    Civil No. PJM 14-4008 (D. Md. Sep. 2, 2016)   Cited 3 times

    But while the statute provides for criminal penalties, it, too, does not give rise to a private cause of action or give rise to civil liability. Taccino v. City of Cumberland, Md., No. WMN-09-2703, 2010 WL 3070146, at *2, (D. Md. Aug. 5, 2010); see also Grant v. Prince George's Cty. Dep't, No. CV DKC-15-2433, 2016 WL 3541239, at *5 (D. Md. June 29, 2016) ("It is beyond the court's purview in this civil matter to provide relief under criminal statutes [18 U.S.C. §§ 241-242]."). Accordingly, Count III is DISMISSED WITH PREDJUDICE as to all Defendants.

  2. Bond v. Hughes

    Civil Action No.: 1:15-00199-DAF (D. Md. Nov. 24, 2015)   Cited 1 times

    However, 18 U.S.C. § 1031 is a criminal fraud statute that does not allow a civil cause of action. See El-Bey v. Rogalski, No. GJH-14-3784, 2015 WL 1393580, at *3 (D. Md. Mar. 24, 2015) (citing Taccino v. City of Cumberland, Md., No. 09-2703, 2010 WL 3070146, at *2 (D. Md. Aug. 5, 2010)). Similarly, 5 C.F.R. § 2635.704 does not create a private cause of action, either.

  3. El-Bey v. Rogalski

    Case No.: GJH-14-3784 (D. Md. Mar. 24, 2015)   Cited 3 times
    Noting that 18 U.S.C. § 241 is a criminal statute and "therefore provide for no private right of action"

    These are criminal statutes, however, and therefore provide for no private right of action. See Taccino v. City of Cumberland, Md., No. 09-2703, 2010 WL 3070146, at *2 (D. Md. Aug. 5, 2010) ("While criminal penalties may arise under [18 U.S.C. § 241], there is no authority given for private citizens to bring a civil suit for damages under this provision."); Fromal v. LakeMonticelle Owners' Ass'n., Inc., No. 05-00067, 2006 WL 167894, at *1 (W.D. Va. Jan. 23, 2006) (recognizing that "18 U.S.C. §§ 241 and 242 and 18 U.S.C. § 1341 are criminal statutes and create no private rights of action"), aff'd sub nom. Fromal v. Lake Monticello Owners' Ass'n Inc., 223 F. App'x 203 (4th Cir. 2007).