65 A.3d 785
Md. Ct. Spec. App.2013Background
- Appellants sued Prince George’s County and Keith Washington for direct common law torts (negligent hiring, retention, entrustment) and for vicarious liability and a Maryland constitutional tort.
- Circuit Court dismissed direct tort claims against the County under governmental immunity and a separate trial for vicarious liability was later resolved.
- Trial against Washington proceeded; the County was found not liable in vicarious liability for Washington’s torts as he was not acting within the scope of employment.
- Appellants sought to rely on Washington’s mental health history and prior acts of violence to support a constitutional tort claim; the court excluded this evidence as inlimine and later granted summary judgment for the County on that claim.
- This Court affirmed the circuit court’s rulings on immunities, scope of employment, collateral estoppel, and evidentiary exclusion, and upheld summary judgment for the County on the constitutional tort claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Immunity for direct negligent-hiring claims | Washington’s hiring/retention claims defeat immunity. | County immune for governmental acts; MTCA Jones distinction. | Affirmed immunity; direct claims dismissed. |
| Scope of employment for vicarious liability | Washington acted within scope; jury should decide. | Off-duty, home setting; not in scope; no vicarious liability as a matter of law. | No scope; trial court proper to grant judgment for County. |
| Collateral estoppel applicability to constitutional claim | Criminal conviction should estop County from denying assault/self-defense. | Collateral estoppel not applicable; County not party to criminal case. | Collateral estoppel denied; no preclusion. |
| Admission of Washington's mental-health history and prior acts | Evidence shows foreseeability and County’s deliberate indifference. | Evidence too attenuated; not probative; inlimine proper. | Exclusion upheld; no reversible error. |
Key Cases Cited
- Williams v. Prince George’s County, 112 Md.App. 526, 685 A.2d 884 (1996) (immunity for governmental torts; MTCA framework for local governments)
- Jones v. State, 425 Md. 1, 38 A.3d 333 (2012) (public duty doctrine; MTCA limitations for state actors)
- Sawyer v. Humphries, 322 Md. 247, 587 A.2d 467 (1991) (scope-of-employment factors for police officers; foreseeability)
- Rusnack v. Giant Food, Inc., 26 Md.App. 250, 337 A.2d 445 (1975) (fact-and-law test for scope of employment; essential foreseeability considerations)
- Hopkins Co. v. Read, 124 Md. 210, 92 A. 478 (1914) (master-servant scope test: authorized acts in performance of duties)