Maryland Deliberate Indifference Law
 

Charles Chesnut, et al. v. City of Baltimore, et al.

This case arises out of the arrest, prosecution, and conviction of Plaintiffs Alfred
Chestnut (“Chestnut”), Andrew Stewart, Jr. (“Stewart”), and Ransom Watkins (“Watkins”)
(collectively, “Plaintiffs”) for felony murder of a 14-year-old boy named DeWitt Duckett in
1983. (ECF No. 1.) On November 25, 2019, the Circuit Court for Baltimore City granted the
Plaintiffs... More...
   $0 (02-27-2022 - MD)

Alfred Chestnut, et al. v. Donald Kincaid, et al.

Baltimore, Maryland personal injury lawyers represented the Plaintiffs who sued the Defendants on civil rights violation theories.

This case arises out of the arrest, prosecution, and conviction of Plaintiffs Alfred
Chestnut (“Chestnut”), Andrew Stewart, Jr. (“Stewart”), and Ransom Watkins (“Watkins”)
(collectively, “Plaintiffs”) for felony murder of a 14-year-ol... More...
   $48000000 (04-28-2021 - MD)

BENJAMIN CALEB TROTT v. STATE OF MARYLAND

ANNAPOLIS, MD - Criminal defense attorney represented Benjamin Caleb Trott with a drunk driving charge.



After entering a plea of not guilty, Mr. Trott filed a motion to suppress, arguing that
Corporal Michael Cooper lacked a reasonable, articulable suspicion to justify the stop
because it was based solely on a dispat... More...
   $0 (05-20-2021 - MD)

UNITED STATES OF AMERICA v. PATRICIA YVONNE DIGGS, a/k/a Patricia Yvonne Johnson, a/k/a Patricia Yvonne Holmes

A jury found Patricia Yvonne Diggs guilty of conspiring to commit bank fraud in
violation of 18 U.S.C. 1349 (2012). Diggs and her husband, Brian Diggs, conspired to
defraud certain financial institutions through material false statements and omissions
related to vehicle purchase loans. Diggs raises two issues in this appeal, both of which
relate to the Governments evidence... More...
   $0 (07-22-2018 - MD)

Quality Inns International, Inc. v. McDonald's Corporation

MEYER, District Judge.

On September 21, 1987, Quality Inns International, Inc. announced a new chain of economy hotels to be marketed under the name "McSleep Inn." The response of McDonald's Corporation was immediate. It demanded by letter sent three days later that Quality International not use the name "McSleep" because it infringed on McDonald's family of marks that are characterized b... More...
   $0 (09-16-1988 - MD)

Ralph Janvey v. Peter Romero

District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romeros bankruptcy petition for cause under 11 U.S.C. 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...    $0 (02-24-2018 - MD)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department

District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officers decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officers conduct d... More...    $0 (02-14-2018 - MD)

Jessee Soloman v. Bert Bell, et al.

This appeal raises the issue of whether the plan administrator for Defendants-
Appellants, the Bert Bell/Pete Rozelle NFL Retirement Plan and the NFL Player
Supplemental Disability Plan (collectively, the Plan), abused its discretion in denying a
certain type of disability benefits to Plaintiff-Appellee Jesse Solomon. After the plan
administrator determined that Solomons disabil... More...
   $0 (06-23-2017 - MD)

State of Maryland v. Jacob Bircher

The State, after the Court of Special Appeals reversed the conviction of Jacob
Bircher, Respondent, asks us to explore the realm of supplemental jury instructions in its
Petition for Certiorari, which we granted, in which the following question was posed:
Did the Court of Special Appeals err in finding an abuse of discretion in the trial courts decision to provide a supplemental i... More...
   $0 (03-08-2016 - MD)

United States v. McFadden

Appellant pled not guilty at trial by military judge alone to multiple specifications of attempted murder, robbery, assault, housebreaking, fleeing apprehension, and unlawful entry in violation of Articles 80, 122, 128, 130, and 134, UCMJ, 10 U.S.C. 880, 922, 928, 930 and 934. Appellant was convicted of four specifications of robbery, two specifications of unlawful entry, one specification of ... More...    $0 (01-02-2016 - MD)

United States v. McFadden

Appellant was implicated in a series of robberies in Wichita, Kansas. On 3 March 2013, Appellant robbed a Family Dollar store, assaulting an employee in the process. Civilian law enforcement officials responded, and Appellant fled to a nearby apartment building where he unlawfully entered the basement in an attempt to evade police. He was eventually apprehended. Through the use of DNA collecte... More...    $0 (11-21-2015 - MD)

United States v. McFadden

Appellant was implicated in a series of robberies in Wichita, Kansas. On 3 March 2013, Appellant robbed a Family Dollar store, assaulting an employee in the process. Civilian law enforcement officials responded, and Appellant fled to a nearby apartment building where he unlawfully entered the basement in an attempt to evade police. He was eventually apprehended. Through the use of DNA collecte... More...    $0 (11-21-2015 - MD)

James Owens v. Baltimore City State's Attorneys Office

James Owens brought this action under 42 U.S.C. § 1983 against the Baltimore City State’s Attorney’s Office, an assistant State’s Attorney, the Baltimore City Police Department, and several Baltimore City police officers. In his complaint, Owens alleges that the defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape... More...    $0 (09-24-2014 - MD)

United States of America v. Jean Brown

Jean Brown appeals the district court’s entry of a criminal judgment against her following a jury trial, whereby she was convicted of conspiring to traffic in 1,000 kilograms or more of marijuana, and of additional charges stemming from the kidnapping and murder of Michael Knight in connection with her trafficking operation. Brown also appeals the sentence of life imprisonment imposed on one of ... More...    $0 (07-01-2014 - MD)

Marqus L. Stevenson v. City of Seat Pleasant, Maryland

This appeal comes to the Court after what the district court described as “a rather long and tortured factual history.” Several orders are on appeal: dismissal; grant of summary judgment; denial of a motion pursuant to Federal Rule of Civil Procedure 59(e); and denial of a motion pursuant to Federal Rule of Civil Procedure 60(b). As explained in greater detail below, we affirm in part, reverse... More...    $0 (02-21-2014 - MD)

Mary DiFederico v. Marriott International, Inc.

Albert DiFederico, a former naval commander, was serving as a civilian contractor for the State Department in Pakistan when he was killed in a terrorist attack on the Marriott Islamabad Hotel. His widow, Mary DiFederico, and their three sons, brought this wrongful death action and survivorship claim alleging that Marriott International ("Marriott") was liable for its failure to adequately secure i... More...    $0 (05-01-2013 - MD)

United States of America v. Cortez Fisher

It is axiomatic that, "to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made." United States v. Brown, 117 F.3d 471, 473 (11th Cir. 1997). And "a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed" as to a crucial aspect of his case. Id.

In this extraordinary case, the law enforcement officer responsible for the investig... More...
   $0 (04-01-2013 - MD)

Thomas Francis v. Allstate Insurance Company

Appellants Thomas and Danielle Francis ("the Francises" or "Appellants") appeal an order of the district court granting summary judgment to Appellee Allstate Insurance Company ("Allstate"). In March 2011, Appellants brought this action in Maryland state court seeking a declaration as to Allstate’s duty under a renters insurance policy to defend and indemnify the Francises in a tort suit brought ... More...    $0 (03-07-2013 - MD)

Dorothy M. Tracey v. Anthony K. Solesky

In Maryland the vicious mauling of young children by pit bulls occurred as early as 1916.1 Bachman vs. Clark, 128 Md. 245; 97 A. 440 (1916). In that case, a ten-year-old boy, John L. Clark, was playing on the north side of a street when a pit bull (“bull terrier”) came across the street from its owner’s property and attacked him, inflicting serious injuries. The pit bull refused to release t... More...    $0 (04-26-2012 - MD)

John T. Turner v. Donald E. Bourchard

Appellee, Donald E. Bouchard, filed a declaratory judgment action against his neighbors, appellants, John T. Turner and Marie Turner (collectively, “Turner”), on April 16, 2007 in the Circuit Court for Calvert County. Following a bench trial on April 2, 2008 and April 25, 2008, the circuit court on August 25, 2008 issued an opinion and order holding that Bouchard had a prescriptive easement ov... More...    $0 (12-02-2011 - MD)

Frederick P. Henry v. Robert Purnell

Without warning, Officer Robert Purnell shot Frederick Henry, an unarmed man wanted for misdemeanor failure to pay child support, when he started running away. In the ensuing § 1983 action, the parties stipulated that Purnell had intended to use his Taser rather than his gun and the district court granted him summary judgment. However, because Tennessee v. Garner prohibits shooting suspects who p... More...    $0 (07-14-2011 - MD)

Sajid A. Malik v. Tommy's Auto Service, Inc.

A tow truck owned by Tommy’s Auto Service, Inc. (“TAS”) and operated by a TAS employee, Charles Payne,1 struck the vehicle of appellant, Sajid A. Malik. Malik, thereafter, brought a negligence action in the Circuit Court for Prince George’s County against appellees, Payne and TAS, for the injuries he sustained as a result of the collision. After a jury found appellant contributorily neglig... More...    $0 (07-05-2011 - MD)

George Wasserman & Janice Wasserman v. Jack Kay

Appellants, The George Wasserman and Janice Wasserman Goldsten Family Limited Liability Company (“WGF”) and Anthony Tanzi, as Trustee of the Lisa W. Gill Trust (“Gill Trust”), are partners in five real estate investment general partnerships and members in two real estate investment LLCs (collectively, the “investment vehicles”). Appellees are Jack Kay (“Mr. Kay”), the managing memb... More...    $0 (02-09-2011 - MD)

Eyrania Smith v. Michael Bortner

In this appeal, we are asked to determine the appropriate State constitutional standard for a claim that police used excessive force on a citizen in custody following a valid arrest.

The unfortunate circumstances described below led Eyrania Smith, appellant, to file suit in January 2008 in the Circuit Court for Baltimore County against Michael Bortner, appellee, an officer of the Baltimore ... More...
   $0 (07-07-2010 - MD)

Alcoa Concrete & Masonry, Inc. v. Stalker Brothers, Inc.

We are called upon here to construe the Maryland Home Improvement Law (the Act), Maryland Code (1975, 2004 Repl. Vol.), §§ 8-100 through 8-702 of the Business Regulation Article.1 At issue is whether a home improvement general contractor is contractually obligated to pay a subcontractor who was not licensed under the Act, either at the time of entering into the subcontract or when the subcontrac... More...    $0 (04-02-2010 - MD)

Lydia Friedman, et al. v. Jerome B. Hannan

In this case we interpret Section 4-105(4) of Md. Code (1974, 2001 R epl. Vo l.) Estates & Trusts Article (“ET”), which directs that provisions in a will “relating to the spouse” be revoked upon divorce from that person. We hold that the automatic revocation provision of ET Section 4-105(4) is not limited to bequ ests to a former spouse, and may include bequests to a former spouse’s fami... More...    $0 (01-29-2010 - MD)

Norman A. Lockshin, M.D., P.A. v. Barbara S. Semsker

The Circuit Court for Montgomery County held in this litigation, among other things, that the plain meaning of Md. Code, Courts & Judicial Proceedings Article1 § 3-2A-09(a) (1974, 2006 Repl. Vol.), which states that the monetary cap on non-economic damages for health care malpractice claims appearing in § 3-2A-09(b) applies “to an award under § 3-2A- 05 of this subtitle or a verdict under § ... More...    $0 (01-13-2010 - MD)

Mayor and City Council of Baltimore v. Zvi Guttman

Appellants/cross-appellees Mayor and City Council of Baltimore (collectively “the City”), challenge the entry of judgment by the Circuit Court for Baltimore City after a jury verdict in favor of appellee/cross-appellant Zvi Guttman, trustee in bankruptcy for Ms. Deborah Mullins (“Ms. Mullins”), who brought a 42 U.S.C. § 1983 claim against the City alleging that she was fired for engaging ... More...    $0 (01-04-2010 - MD)

Devonte A. Brooks v. Housing Authority of Baltimore City, et al.

We decide in this case whether the Housing Authority of Baltimore City (“HABC”) enjoys governmental immunity from suits in tort if it has exhausted the limits of its commercial insurance policy in payment of prior claims. The case comes to us from the grant of summary judgment in favor of the HABC, the respondent, in a lead paint action brought by the petitioner, Devonte A. Brooks (“Brooks... More...    $0 (11-17-2009 - MD)

Herbert Livingston, et al. v. Greater Washington Anesthesiology & Pain Consultants, P.C., et al.

This matter arises from a wrongful death action filed by appellants, Herbert Livingstone, individually and as administrator and personal representative of the estate of his deceased wife, Tracy Orr (“Dr. Orr”), who died on November 12, 2002, three days after giving birth to twin boys by a pre-term Cesarean section.1 The complaint alleged medical negligence by appellees Richard S. Margolis, M.D... More...    $0 (08-27-2009 - MD)

Lanay Brown v. The Daniel Realty Co., et al.

Lanay Brown (“Petitioner” or “Lanay”),1 was born on 17 December 1990. Since her birth, her maternal aunt, Catherlina Queen, raised her. At some time early in Lanay’s life, she and her aunt moved into a property on Reisterstown Road in Baltimore City (“the Subject Property”),2 where they resided until 1994. While Lanay and Ms. Queen lived there, the Subject Property was owned by the D... More...    $0 (07-22-2009 - MD)

Kathleen Gasper v. Ruffin Hotel Corporation of Maryland, Inc.

In her complaint, filed in the Circuit Court for Montgomery County, Kathleen Gasper, appellant, alleged employment discrimination, sexual harassment, retaliatory discharge, negligent hiring, and other related counts.1 Appellees, defendants below, are Ruffin Hotel Corporation of Maryland (“Ruffin”) and Imran Ahmed.2

In her timely appeal, Gasper raises three questions for our review, whic... More...
   $0 (12-02-2008 - MD)

Star Scientific, Inc. v. R.J. Reynolds Tobacco Company

Plaintiff-Appellant Star Scientific, Inc. ("Star") appeals from a final judgment in favor of Defendants-Appellees R.J. Reynolds Tobacco Company (N.C.) and R.J. Reynolds Tobacco Company (N.J.) (collectively, "RJR"). The district court entered memoranda and orders: (1) holding, after a bench trial, that Star's U.S. Patent Nos. 6,202,649 ("the '649 patent") and 6,425,401 ("the '401 patent") are unenf... More...    $0 (08-26-2008 - MD)

Equal Employment Opportunity Commission v. Federal Express Corporation d/b/a FedEx Express

Federal Express Corporation ("FedEx") appeals from a March 2006 judgment for compensatory and punitive damages entered against it in the District of Maryland. The Equal Employment Opportunity Commission (the "EEOC") sued FedEx on behalf of former FedEx package handler Ronald Lockhart. By its judgment, the district court awarded Lockhart, who is disabled due to deafness, the sums of $8,0... More...    $0 (01-24-2008 - MD)

RSM, Inc. d/b/a Valley Gun v. Arhtur W. Herbert, etc.

RSM, Inc. d/b/a Valley Gun ("Valley Gun"), a firearms dealer licensed to sell firearms by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") under 18 U.S.C. 923, commenced this action by filing a Petition for Judicial Review of ATF's revocation of its license. ATF had revoked Valley Gun's license effective March 1, 2005, because Valley Gun, "after an extended opportunity t... More...    $0 (10-26-2006 - MD)

MININA D. MONTGOMERY, Personal representative of the estate of Philip Montgomery and individually, as the widow of Philip v. Anne Arundel County, Maryland, et al. Montgomery,

Certain Anne Arundel County, Maryland, police officers mistakenly assumed that Philip Montgomery had been drinking alcohol when he was arrested for erractic driving. The officers placed him in a holding cell to "sober up" without seeking medical assistance. J.A. 657. Montgomery had actually consumed antifreeze, and he died several hours later as a result. Montgomery's widow filed this sui... More...    $0 (05-04-2006 - MD)

Joseph Cooper, et al. v. Berkshire Life Insurance Company, et al.

In 1990, Joseph Cooper ("Cooper"), one of the plaintiffs and appellant here, purchased from Berkshire Life Insurance Company ("Berkshire"), one of the appellees, two "vanishing premium" life insurance polices insuring the lives of himself and his wife Annette Cooper. He did so, he asserts, on the basis of misrepresentations by two insurance agents, Thomas Steinhardt and Bernard Fish, also appe... More...    $0 (11-14-2002 - MD)

Lawrence J. Shurupoff v. Carol E. Vockroth, et vir.

In Ross v. Hoffman, 280 Md. 172, 372 A.2d 582 (1977), we announced standards and guidelines for the judicial resolution of child custody disputes between the child’s parent and someone who is not the child’s pa rent – a third party. Synthesizing holdings and statements from earlier cases, we made clear, first, that “ the best in teres t of th e child standard is always ... More...    $0 (01-08-2003 - MD)

Gary Marland, Trustee of Marland Enterprises, Inc., et al. v. Safeway, Inc.

Gary Marland, Trustee of Marland Enterprises, Incorporated, appeals the district court’s order awarding summary judgment to Safeway, Incorporated, the Appellee, on Marland’s claims for breach of contract and deceit. Finding no reversible error, we affirm.

I.

Marland Enterprises, Incorporated filed suit against Safeway, Incorporated ("Safeway") in the Circuit Court for Montgomer... More...    $0 (01-17-2003 - MD)

Nelson O. Robles v. Prince George's County, et al.

Plaintiff Nelson Robles claims that police officers Antonio DeBar-ros and James Rozar violated his state and federal constitutional rights by tying him to a metal pole in a deserted parking lot and abandoning him there for approximately 10 minutes. He seeks damages from the officers and from Prince George’s County, Maryland ("PGC") pursu-ant to 42 U.S.C. 1983, as well as under the Mar... More...    $40000 (08-26-2002 - MD)

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