51 A.3d 42
Md. Ct. Spec. App.2012Background
- Blue sued Prince George’s County and officers for civil rights, false arrest/imprisonment, and malicious prosecution after arrest for wearing a handgun without a permit outside Irving’s Nightclub.
- Circuit court denied summary judgment on most counts; jury found County liable for false arrest/imprisonment with $106,100 in damages; malicious prosecution claim was dismissed at trial.
- County sought JNOV; trial framework instructed jury on probable cause and constitutional rights under Article 24 of Maryland Declaration of Rights.
- Court held 4-203(b)(7) supervisory exception limited to interior of the business establishment, not outside premises or parking lot.
- Court reversed circuit court’s judgment on counts I and II (civil rights/false arrest-imprisonment) and affirmed dismissal of the malicious prosecution claim (count III).
- Blue’s cross-appeal regarding malice was rejected; probable cause found as a matter of law based on handgun statute interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of supervisory exception in 4-203(b)(7). | Blue argues exception covers acting within property broadly. | County argues exception limited to interior of business establishment. | The exception is interior-only; probable cause exists. |
| Probable cause for arrest given handgun statute. | Blue contends no probable cause due to permissible possession. | County contends lack of permit justifies arrest. | Probable cause exists as a matter of law. |
| Malicious prosecution claim viability. | Blue contends malice in initiating proceedings. | County argues absence of malice; predicated on probable cause. | Malicious prosecution claim rejected; grounded in probable cause finding. |
Key Cases Cited
- Town of Oxford v. Koste, 204 Md.App. 578 (Md. Ct. App. 2012) (textual/consequential factors for statutory interpretation)
- C&M Builders, LLC v. Strub, 420 Md. 268 (Md. 2011) (standard for affirming denial of JNOV; any evidence supports jury question)
- Giant Food, Inc. v. Booker, 152 Md.App. 166 (Md. Ct. App. 2003) (appellate review on denial of judgments in jury trials)
- Jones v. State, 425 Md. 1 (Md. 2012) (probable cause and reasonable officer perspective)
- Parker v. State, 193 Md.App. 469 (Md. Ct. App. 2010) (de novo review of legal questions; statutory interpretation)
- Marshall v. Walker, 958 F. Supp. 359 (N.D. Ill. 1997) (differences between being inside vs. on premises for exemptions)