(DOWNLOAD) "Brown v. Dart Drug Corp." by Court of Special Appeals of Maryland " Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Dart Drug Corp.
- Author : Court of Special Appeals of Maryland
- Release Date : January 03, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This case is a lawsuit filed pursuant to the Local Government Tort Claims Act, Md. Code (1973, 2002 Repl. Vol., 2004 Cum. Supp.), § 5-301 et seq. of the Courts and Judicial Proceedings Article. The complaint alleges negligence against Baltimore County, Baltimore County Detention Center Warden Dorothy Williams, Classification Supervisor George Jackson, Corrections Officer Ricky Fore, and nurse Kenya Thomas of Prison Health Services, Inc., in connection with appellant Joseph Kevin Livesays attempted suicide while he was an inmate at the detention center. The Circuit Court for Baltimore County granted summary judgment in favor of Fore and Baltimore County on the grounds of public official immunity and Governmental Immunity, and in favor of Jackson on the grounds that there were no material facts in dispute and he was entitled to judgment as a matter of law. Appellant noted a timely appeal to the Court of Special Appeals and this Court granted certiorari on its own initiative. We consider the following questions: (1) Whether the Local Government Tort Claims Act (LGTCA) eliminates the immunity defenses asserted by the County employees; (2) whether Md. Code (1973, 2002 Repl. Vol., 2004 Cum. Supp.), § 5-507(b)(1) of the Courts and Judicial Proceedings Article applies to county as well as municipal employees; (3) whether a Corrections Officer is a "public official" entitled to statutory and common law qualified immunity; and (4) whether Officer Fore was acting in a discretionary capacity when he discovered appellant. We shall affirm the judgment of the Circuit Court and hold that Fore and the County were entitled to immunity and that summary judgment was proper as to Jackson.
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