Johnson v. Mayor & Council of Baltimore
161 A.3d 95
| Md. Ct. Spec. App. | 2017Background
- Michael B. Johnson, Jr. sued three Baltimore detectives for assault, battery, false imprisonment, and state constitutional violations based on an incident in May 2009; a jury awarded damages in 2013.
- Trial court granted remittitur on compensatory damages and preserved malice findings; on appeal this Court (Francis) reduced the award further to $281,000 and remanded for further proceedings.
- Before remand proceedings occurred, Johnson filed writs of execution and garnishment directed to the Mayor & City Council of Baltimore and to M&T Bank for $281,000 plus interest; the clerk issued the writs and the bank froze City funds.
- The City moved to quash, arguing municipal property cannot be levied, the Baltimore Police Department (BPD) —not the City— is the liable local government under the LGTCA, the writs were premature because the special court’s remand had not been acted on, and the City was not a party.
- The motions court quashed the writs, released funds, and found (1) no valid judgment to execute on pending remand proceedings, (2) writs were premature/untimely, and (3) the City was not the judgment debtor.
- Johnson appealed; the Court of Special Appeals affirmed, holding the quash proper because municipal property cannot be executed, the BPD (not the City) is the liable entity under the LGTCA, and the writs were premature and directed at a non-party.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/timeliness of writs after appellate remand | Writs timely because original judgment date controlled and certiorari denial made judgment enforceable | Writs premature because Special App. remand required entry of a corrected judgment before execution | Held: Writs premature; no final, enforceable judgment until remand proceedings resolved |
| Proper judgment debtor under LGTCA | City is the appropriate judgment debtor and liable for officers’ acts (collect from City) | BPD is a State agency and the LGTCA liability attaches to the BPD, not the City; City not defendant here | Held: BPD/state — not the City — is the proper local-government entity; City is not judgment debtor |
| Attachment/garnishment of municipal property | M&T Bank identified as source of BPD/City funds; funds subject to garnishment | Municipal property cannot be levied or garnished; execution against City property improper | Held: Municipal property cannot be executed upon; writs to seize City funds improper |
| Service on non-party / procedural correctness | Writs in same caption as case suffice to reach responsible entity | Writs targeted a non-party (City) and therefore were procedurally defective | Held: Writs were improperly directed at a non-party and therefore properly quashed |
Key Cases Cited
- Francis v. Johnson, 219 Md. App. 531 (Md. Ct. Spec. App.) (prior appellate decision reducing damages and remanding)
- Houghton v. Forrest, 412 Md. 578 (Md. 2010) (BPD is liable for judgments against officers; BPD is a State agency)
- Baltimore v. Clark, 404 Md. 13 (Md. 2008) (BPD is not an agency of the City)
- Darling v. City of Baltimore, 51 Md. 1 (Md. 1879) (municipal property is not subject to ordinary execution)
- Moore v. Norouzi, 371 Md. 154 (Md. 2002) (purpose and operation of the LGTCA)
- Board of Education of Prince George’s County v. Marks-Sloan, 428 Md. 1 (Md. 2012) (overview of LGTCA limits, indemnification, and procedures)