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Officers Must Chase Suspects to be Immune From Tort Suits

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.


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