|
|
|
Officers Must Chase Suspects to be Immune From Tort Suits
(September 2010) By Gregory L. Arbogast, Associate
For more information, contact Paul Farquharson.
Schreyer v. Chaplain, No. 121 (Md. October 6, 2010)
In Schreyer v. Chaplain, the
Court of Appeals interpreted the meaning of Md. Code Ann., Cts. & Jud. Proc. §§
5-639 & 5-507. Pursuant to those statutes, operators of emergency vehicles who
are acting within the scope of their duties in an emergency situation are
shielded from tort liability by Maryland’s sovereign immunity. However, in this
case, the Court of Appeals found that a police officer, Officer Schreyer, was
not acting within the scope of his duty in an emergency situation because he was
not actually pursuing a suspect.
This case arises out of an automobile accident that
occurred in an alley of Baltimore City. Officer Schreyer is a Baltimore City
Police officer who is assigned to a special division to combat violent crime.
While Officer Schreyer was patrolling the area, he noticed what he believed to
be an illegal drug transaction. Officer Schreyer wanted to investigate the
situation, but he did not want to alert the suspects. Therefore, he did not turn
on his emergency lights and siren and he attempted to circle around the
suspects. In doing so, Officer Schreyer began driving the wrong way down a
one-way alley. While Officer Schreyer was driving down the alley, he collided
with a car driven by William Chaplain with Denise Webb-Cobb riding in the
passenger seat. Mr. Chaplain and Ms. Webb-Cobb both claimed personal injuries in
the collision.
Mr. Chaplain and Ms. Webb-Cobb filed suit in the
District Court of Maryland for Baltimore City against Officer Schreyer
sounding in negligence. Officer Schreyer asserted that he was shielded from
suit by Maryland’s sovereign immunity laws. Officer Schreyer argued that he
was involved in an emergency situation because he was pursuing suspects. The
District Court found Officer Schreyer liable and he appealed to the Circuit
Court for Baltimore City. The Circuit Court for Baltimore City affirmed the
District Court’s ruling. Officer Schreyer then file a writ of
certiorari to the Court of Appeals, which
granted cert.
The Court of Appeals found that if Officer Schreyer
were in "pursuit" of a suspect, then he was acting in an emergency
situation. However, Maryland law does not define "pursuit." Therefore, the
parties relied on competing definitions of "pursuit." Officer Schreyer
argued that the definition in Black’s Law Dictionary
is controlling, which states that pursuit means to, "prosecute, or
enforce judicially." Mr. Chaplain argued that the
Merriam-Webster Dictionary, is controlling, which states that
"pursuit" is synonymous with "chase."
The Court of Appeals found in favor of Mr. Chaplain and
Ms. Webb-Cobb and found that an emergency situation only exists when
suspects actually flee the scene and a police officer follows. Therefore,
Officer Schreyer was not in an emergency situation and was not shielded from
tort liability.
|
|
|