This case has its genesis in an altercation between Kimberly Jones (hereafter “Petitioner”) and two Prince George’s County Deputy Sheriffs, Billy Falby and Gerald Henderson, during the deputies’ attempt to serve an arrest warrant for an individual at the home of Petitioner. Petitioner filed a twelve-count complaint in the Circuit Court for Prince George’s County, naming as defendants Deputies Falby and Henderson and their employer, the State of Maryland (hereafter “the State”), Respondent here. Among other allegations, Petitioner claimed that the State was negligent in its training of the two deputies in connection with the Fourth Amendment limitations on in-home execution of arrest warrants.
The counts of the complaint were bifurcated for trial and, at the second trial before a jury, the jury returned a verdict finding the State liable for the negligent training of the two deputies. The jury awarded Petitioner damages in the amount of $261,000, which the Circuit Court later reduced to $200,000, pursuant to the Maryland Tort Claims Act. Both parties appealed the judgment.
The State raised numerous claims of error, including, pertinent here, that the trial judge erred in entering judgment against the State, because, in the words of the State: (1) “the State did not owe any duty ... to Petitioner, as opposed to the public generally, with respect to the ... training of Deputies Falby and Henderson”; and (2) Petitioner “failed to present evidence that the State owed a duty or breached a duty with respect to its ... training of Deputies Falby and Henderson, and failed to present that any such breach was a proximate cause of her alleged damages.” In connection with the latter claim, the State asserted that Petitioner was obligated to present expert evidence in support of her claim of negligent training.
The Court of Special Appeals reversed the judgment, agreeing with the State that the Circuit Court should have entered judgment in the State’s favor because there was legally insufficient evidence that the State breached any duty to Petitioner in connection with the tort of negligent training and supervision. State v. Jones,
Petitioner filed a petition for writ of certiorari, which we granted, Jones v. State,
1. Does the public duty doctrine shield the State from a claim of negligence when its police officers commit intentional torts and/or constitutional violations?
2. Is expert testimony necessary for a plaintiff to meet her burden of proof on a claim of negligent training or supervision of police officers?
3. Is evidence that police officers committed intentional torts and constitutional violations, coupled with testimony by the officers that their actions were inaccordance with their training, and evidence that the officers entered a citizen’s home without constitutionally sufficient justification sufficient to prove a claim of negligent training?
I.
Factual background
Each of the questions presented relates to the ultimate question of whether the Circuit Court properly denied the State’s motions for judgment and judgment notwithstanding the verdict. Consequently, our factual summary is taken from the evidence presented at trial, cast in the light most favorable to Petitioner. See Scapa Dryer Fabrics, Inc. v. Saville,
The events at issue took place on the morning of September 15, 2006, in and about the home of Petitioner, a one-bedroom apartment located at 151 Westway Center Drive, apartment number T-3, in Greenbelt, Maryland. At the time, Petitioner was asleep in bed, having returned home from working a midnight-to-8:00 a.m. shift as a “youth care worker II,” at Father Flanagan’s, an emergency shelter for teenage girls and boys. Petitioner, who was not wearing clothing at the time, awoke to someone knocking at her door. She called out “who is it?” and received the response, “it’s the sheriffs department.” Petitioner’s immediate reaction was that there might be a fire or some other emergency, “because there would be no reason for a sheriff to knock at my door.”
Petitioner called out “one moment,” then went to her closet to retrieve a robe. She donned the robe, went to the door, and opened it. Two men, later identified as Deputy Sheriffs Falby and Henderson, were standing in front of the doorway. Petitioner did not recognize the men’s attire as that of a law enforcement officer.
Petitioner testified to what occurred next:
[A]s soon as I opened my door, this man put his foot in my door. It threw me back a little, and I said, what’s going on? And he [later identified as Deputy Falby] asked for Lamarr Wallace. I said, no, Lamarr Wallace don’t live here. He said, can we come [in] and check. I said no, because I’m not dressed. He said well, we coming in whether you like it or not. I said, what do you mean? By then, the second person [later identified as Deputy Henderson] left, and I said, well, where is your warrant? He said, I don’t have my warrant. My supervisor has my warrant. I said, whereis your supervisor? And by then somebody was tapping at my patio door.
So when I turned to look at the patio door, that’s when I saw the man tapping on the door. When I turned back, Falby hit me.
Petitioner added that Deputy Falby did not ask permission to enter; indeed, he said nothing before putting his foot through the door opening.
The “hit” Petitioner received from Deputy Falby was a close-fisted punch to her face, which knocked her against a closet door behind her. At the same time, Deputy Henderson pulled out his baton and shattered the glass patio door in order to enter the apartment. Petitioner, unfamiliar with the deputies’ style of dress and never having encountered such behavior from law enforcement officers before, “truly didn’t believe that they were police officers.” She thought the men were criminals posing as sheriffs deputies. She therefore began to struggle against the two men in an attempt to escape the apartment.
Petitioner testified that she was sprayed with pepper spray, beaten with a baton, and had a portion of hair pulled from her scalp. Eventually Petitioner broke free, ran through the front doorway and into an adjoining hallway. She knocked on the doors of the residential units around her and called out for help. Temporarily blinded by the pepper spray, she eventually began to knock on the door of her own apartment where, for a second time, she encountered the two deputies. During that encounter, one or the other of the deputies again sprayed Petitioner and struck her on the forearm with a baton.
Petitioner ran from the doorway of her apartment, through the hallway, and into the surrounding parking lot. Deputies Falby and Henderson caught up with her there. They subdued and arrested Petitioner by “jerk[ing]” her arms behind her back and “bang[ing]” her head against a car. The deputies then helped Petitioner clean some of the pepper spray from her skin and retrieved clothes from her apartment for her to wear. Petitioner was made to change into those clothes in the parking lot, in full view of her neighbors.
The deputies escorted Petitioner to a hospital for “decontamination]” from the pepper spray, then transported her to jail and charged her with, inter alia, assault on a law enforcement officer and -resisting arrest. The charges were nol prossed after neither deputy appeared for trial. Nevertheless, Petitioner lost her job at the emergency youth shelter because the charges appeared on her annual criminal background check.
The lawsuit
On November 27, 2007, Petitioner filed a complaint in the Circuit Court for Prince George’s County, naming as defendants Deputies Falby and Henderson and the State of Maryland. She pleaded ten counts arising from the altercation, including: (1) violation of Maryland Declaration of Rights, Article 26; (2) violation of Maryland Declaration of Rights, Article 24; (3) false arrest; (4) trespass to land; (5) trespass to chattel/trover and conversion; (6) false imprisonment; (7) battery; (8) malicious prosecution; (9) intentional infliction of emotional distress; and (10) civil conspiracy. After a period of discovery, during which Petitioner deposed both deputies, Petitioner amended the complaint to add two more counts: (11) negligent retention; and (12) negligent training and supervision, the count at the heart of the instant appeal. With regard to the claim of negligent training and supervision, Petitioner alleged that the “State has a duty to individuals such as [Petitioner] to properly train and supervise officers such that they
The State answered the amended complaint, generally denying liability on multiple grounds. The State filed a Motion for Partial Summary Judgment asserting, in connection with the claim of negligent training and supervision, that Petitioner could not establish the claim as a matter of law. The State argued that the deputies’ training was consistent with Fourth Amendment standards; therefore, the State did not breach any applicable duty. The State further argued that, even if Petitioner could show a breach, the State’s duty to train the deputies in constitutionally permissible arrest procedures was a duty owed to the public, not to Petitioner as an individual. In the State’s view, its public duty to provide proper training for its deputies did not provide a basis for tort liability grounded in negligence. The Circuit Court denied the Motion for Partial Summary Judgment.
Trial commenced on all twelve counts of the complaint. During trial, the court found it necessary for evidentiary reasons to sever Counts XI (alleging negligent retention) and XII (alleging negligent training and supervision) from the remaining counts. Trial went forward on Counts I through X, and, at its conclusion, the jury found in favor of Deputy Henderson on all counts, and in favor of Deputy Falby and the State on all counts except the battery claim. On the battery claim, the jury found in favor of Petitioner and awarded her $5,000 in non-economic damages.
On September 14, 2009, trial commenced on the counts alleging negligent retention, supervision and training. Petitioner’s testimony was as we have summarized it. Petitioner also had read into the record a transcript of the testimony of Angela Bolder, who had testified at the first trial but was unavailable to testify at the second. Ms. Bolder testified that, on September 15, 2006, she lived in the apartment next door to Petitioner. Ms. Bolder heard Petitioner in the hallway screaming: “Help me. Can you help me. Can you help me.” When Ms. Bolder looked through the peep hole in her front door, she saw that a man had Petitioner pressed against the hallway wall and hit her with a “stick.” Ms. Bolder called 911 because she could not tell that the man, who was wearing dark clothing, was a police officer.
Petitioner also called Sandra Frye, a childhood friend. Ms. Frye testified that Lamarr Wallace is her brother and was living with her at the time in question. Ms. Frye testified that she picked up Petitioner upon her release from jail the day following the incident. At that time, Petitioner had a black eye and a bald spot on the back of her head. The two women went to Petitioner’s apartment, where they noticed hair on the floor. Ms. Frye used her cell phone camera to take digital photographs of Petitioner’s head.
Petitioner called both Deputies Falby and Henderson to testify about the training they received in connection with serving arrest warrants. Deputy Falby confirmed that he had attended the police academy, attended annual in-service training seminars, and obtained yearly re-certification for all his policing qualifications. Deputy Falby testified that the Sheriffs Office alone was responsible for keeping him apprised of the legal standards associated
[Petitioner’s Counsel]: According to your training, you have been taught there’s a difference between a search and arrest warrant; isn’t that right?
[Deputy Falby]: Correct.
[Petitioner’s Counsel]: It’s a search warrant that allows you to go into someone’s home even if the subject of an arrest warrant isn’t there; isn’t that right?
[Deputy Falby]: Arrest warrant, as well, allows me that.
[Petitioner’s Counsel]: So your training is that if you have an arrest warrant, you can go into someone’s home even without believing that the subject of the arrest is in the house?
[Deputy Falby]: Believing that he is in the house.
[Petitioner’s Counsel]: Even without believing he’s in the house?
[Deputy Falby]: No.
[Petitioner’s Counsel]: And according to your training, if you have just an arrest warrant, not a search warrant, just an arrest warrant, you can enter a home without permission?
[Deputy Falby]: If I believe the subject is there and the address on the arrest warrant is the address that I’m at, correct.
[Petitioner’s Counsel]: Were you also trained regarding the constitutional rights of citizens?
[Deputy Falby]: Yes.
[Petitioner’s Counsel]: According to your training, does the house that you’re going to enter have to be the home of the actual arrestee?
[Deputy Falby]: No. The warrant has an address on it, and that’s the address we normally go to that’s on the warrant.
[Petitioner’s Counsel]: And that’s what you’ve been trained to do, right?
[Deputy Falby]: Correct.
[Petitioner’s Counsel]: Go to the address on the warrant?
[Deputy Falby]: Correct.
[Petitioner’s Counsel]: Even if it’s not the address where the actual arrestee is?
[Deputy Falby]: We’re assuming that’s where he lives.
[Petitioner’s Counsel]: But you haven’t been trained or taught, as he said, to only go to the house of the arrestee?
[Deputy Falby]: Well, the address on the warrant, sir.
[Petitioner’s Counsel]: Just the warrant?
[Deputy Falby]: Yes, sir.
Deputy Falby also testified about the training he received in connection with the act of placing his foot in the doorway of a home during an arrest encounter:
[Petitioner’s Counsel]: Your understanding of your training is you’ve been trained to do that, to block the door from being closed immediately by broaching it with your leg?
[Deputy Falby]: Right. We don’t let the door close once it’s opened, correct.
[Petitioner’s Counsel]: You’ve been trained to do that. Door opens, your leg goes in?
[Deputy Falby]: Right. Once we’re in the process of arresting someone or believe they’re inside, yes.
Deputy Henderson’s testimony was to like effect. He testified that he attended the police academy and regularly attended
The State moved for judgment at the close of Petitioner’s case, arguing, pursuant to the “public duty doctrine,” that the State owed no specific duty to Petitioner and, even so, there was no evidence of a breach of any duty owed Petitioner. In connection with the latter argument, the State contended that Petitioner had failed: (1) to present expert testimony to show that the deputies’ training deviated from generally acceptable training standards, as is usually required in professional negligence cases; and (2) to introduce sufficient evidence showing the unconstitutionality of the deputies’ training. The court, viewing the evidence in the light most favorable to Petitioner, denied the motion. The State rested without offering any witnesses, then renewed its motion for judgment. The State remade the arguments presented at the close of Petitioner’s case, adding that the State was not on any notice such that it could be held liable in tort for any wrongdoing by either deputy. The court denied the motion.
The court instructed the jury, in pertinent part:
There is a constitutional right to be free from intrusion into one’s home by the police. However, police officers in possession of an arrest warrant, founded on probable cause, possess the limited authority to enter a suspect’s residence when the officers reasonably believe the suspect is within the residence. Before an officer can enter a residence, the officer must reasonably believe both that it is the residence of the person named in the warrant and that the person is within the residence. A law enforcement officer’s belief that the warrant suspect resides at the dwelling must be objectively reasonable in view of the totality of the circumstances at the time of the entry, even if the officer’s belief ultimately proves to be wrong.
The Circuit Court, reasoning that Counts XI and XII addressed several aspects of what is a single tort, that of negligent retention, training or supervision, included on the verdict sheet only one question as to liability: “Do you find Defendant, State of Maryland, is liable for negligent retention, supervision or training of Bill Falby or Gerald Henderson as employees?”
The State filed a motion for judgment notwithstanding the verdict, raising the
On appeal to the Court of Special Appeals,
II.
The three questions Petitioner presents for our consideration all relate, in one way or another, to the overarching question of whether the Circuit Court correctly denied the State’s motions for judgment and for judgment notwithstanding the verdict. Petitioner asks us to decide in her favor: (1) whether the “public duty” doctrine shields the State from Petitioner’s claim of negligent training of Deputies Falby and Henderson; (2) whether Petitioner was required to present expert testimony on that negligence claim; and (3) whether she presented legally sufficient evidence that the State was negligent in training Deputies Falby and Henderson on the constitutional rules respecting in-home execution of arrest warrants.
We shall address each of those questions. We begin, though, with a brief summary of the tort of negligent selection, training, or retention. We recognized more than 100 years ago that
an employer owes a duty to its employees to use “reasonable care and caution in the selection of competent fellow servants, and in the retention in his service of none but those who are,” and that, if the employer fails in that duty and “an injury is occasioned by the negligence of an incompetent or careless servant,” the employer is liable to the injured, employee “not for the mere negligent act or omission of the incompetent or careless servant, but for his own negligence in not discharging his own duty towards the injured servant.”
Petitioner’s current focus with regard to her negligence claim is that the State was negligent in training Deputies Falby and Henderson to violate Fourth Amendment law. Therefore we shall address the issues Petitioner has presented within the context of the specific claim of negligent training.
A. Applicability of the public duty doctrine?
The parties dispute the applicability of the so-called “public duty doctrine” to Petitioner’s claim of negligent training. The question is a threshold one, for, if the doctrine applies to the present case, then the State owed no duty to Petitioner, and, thus, the negligence claim fails at the outset. As we consider this issue, we bear in mind that, ordinarily, in a negligence action, whether the defendant owed a duty to the plaintiff is a question of law, to be decided by the court. McNack v. State,
Establishment of a legal duty is a prerequisite to a claim of negligence because “ftjhere can be no negligence where there is no duty that is due; for negligence is the breach of some duty that one person owes to another.” Id.,
The State raised the public duty doctrine as a. defense to Petitioner’s negligent training claim. The doctrine provides that, “when a statute or common law ‘imposes upon a public entity a duty to the public at large, and not a duty to a particular class of individuals, the duty is not one enforceable in tort.’ ” Muthukumarana,
Ashburn is perhaps the lead case in Maryland addressing the duty that police officers owe to the public. In that case, an Anne Arundel County police officer encountered a person in a parking lot sitting behind the wheel of a vehicle, with its engine running. Ashburn,
We noted at the outset that the police officer had made a discretionary decision not to arrest the individual but instead to order him not to drive until the following day. Id. at 626,
[Pjublic officials who act and react in the milieu of criminal activity where every decision to deploy law enforcement personnel is fraught with uncertainty must have broad discretion to proceed without fear of civil liability in the unflinching discharge of their duties.... [TJhe public interest is not served by allowing a jury of lay (persons) with the benefit of 20/20 hindsight to second-guess the exercise of a police [officerj’s discretionary professional duty. Such discretion is no discretion at all.
[IJf the police were held to a duty enforceable by each individual member of the public, then every complaint— whether real, imagined, or frivolous [ — ] would raise the spectre of civil liability for failure to respond. Rather than exercise reasoned discretion and evaluate each particular allegation on its own merits the police may well be pressured to make hasty arrests solely to eliminate the threat of personal prosecution by the putative victims. Such a result historically has been viewed, and rightly so, as untenable, unworkable and unwise.
Furthermore, a policy which places a duty on a police officer to insure the safety of each member of the community would create an unnecessary burden on the judicial system. Under such circumstances, the slightest error of a policeman would give rise to a potential lawsuit.
Id., at 629-30,
We have recognized the policy undergirding the public duty doctrine and applied the doctrine in a number of cases, albeit in some of them without specific reference to the doctrine, as such. E.g., McNack,
We also have recognized that the public duty doctrine “is not without its limitations.” Muthukumarana,
Petitioner does not claim that a statute or court order has created a specific obligation the State owed her in connection with the events at issue. Rather, she argues that the public duty doctrine simply has no applicability when law enforcement is not engaging in the role of protecting citizens from private harms. That argument finds support in Ash-bum, as we stated there that the public duty doctrine protects law enforcement from liability for failure to protect an individual “against injury caused by another citizen.” Ashburn,
Strickland v. Univ. of N.C. at Wilmington, — N.C.App. —,
Other courts are to like effect. Liser v. Smith,
The reasoning of these cases is sound and, we believe, wholly consistent with the policy considerations that undergird Maryland’s public duty doctrine. Those policy considerations we quoted above from Ashburn and restated in other cases, e.g., McNack,
We therefore join our sister jurisdictions that recognize the public duty doctrine does not apply if law enforcement is not engaged in protecting the public from an injurious force caused by a member of the public, but rather is itself the alleged injurious force. Petitioner’s claim of negligent training does not allege harm resulting from an external injurious force, but rather alleges harm from the State’s negligent training of Deputies Falby and Henderson in what were alleged to be unconstitutional arrest procedures. The public duty doctrine does not foreclose liability on that claim.
B. Expert testimony establishing a standard of care
The State argued to the trial court that Petitioner’s claim for negligent training fails for lack of expert testimony establishing a standard of care. The trial court disagreed. So do we.
To be sure, “[w]here the plaintiff alleges negligence by a professional, expert testimony is generally necessary to establish the requisite standard of care owed by the professional.” Schultz v. Bank of Am.,
We have emphasized, though, that experts are not needed when “the alleged negligence is so obvious that the trier of fact could easily recognize that such actions would violate the applicable standard of care.” Schultz,
In this instance, the standard of care is established by the Fourth Amendment to the Constitution of the United States
The jury in the case at bar, after being properly instructed on the applicable Fourth Amendment law by the trial court, needed only its “common knowledge or experience,” Cent. Cab Co.,
C. Sufficiency of the evidence of a breach?
Finally, the parties dispute whether there was legally sufficient evidence to establish whether the State breached its duty to Petitioner. This dispute divides into two sub-issues. First, Petitioner and the State comprehend differently the Fourth Amendment standard that governs entry of a home to execute an arrest warrant of a person suspected of being inside. Second, the parties disagree about whether there was sufficient evidence that Deputies Falby and Henderson were negligently trained by the State, in effect, to violate the pertinent Fourth Amendment standard.
The Fourth Amendment rules for executing an arrest warrant in a home are not in doubt. The threshold rule, long accepted by the United States Supreme Court, is that, except when pursuant to valid consent or exigent circumstances (neither of which is present here), “the entry into a home to conduct a search or make an arrest is unreasonable under the Fourth Amendment unless done pursuant to a warrant.” Steagald v. United States,
In Payton, the Court held that an arrest warrant suffices to authorize law enforcement to enter the home of the subject of the arrest warrant, if, at the time of the entry, the police have reason to believe the arrestee is in his or her home. Id. at 602-03. In Steagald, the Court held that an arrest warrant does not authorize law enforcement to enter a third person’s home to arrest the subject of the arrest warrant, even if the officers have reason to believe the subject of the arrest warrant is inside that home.
The State does not dispute that it has the duty to train its deputies in accordance with Fourth Amendment principles. Those rules, applicable here, are the rules established long ago in Payton and Steagald. The State is of the view that Petitioner failed to present any evidence that the State negligently trained Deputies Falby and Henderson in compliance with those Fourth Amendment rules. The Court of Special Appeals agreed with the State and held that the Circuit Court committed legal error in denying the State’s motions for judgment and judgment notwithstanding the verdict. Petitioner continues to maintain that she presented legally sufficient evidence of the State’s breach of the duty to provide proper training in the applicable Fourth Amendment principles. We agree with Petitioner.
“An appellate court reviews the trial court’s decision to allow or deny judgment or [judgment notwithstanding the verdict] to determine whether it was legally correct, while viewing the evidence and the reasonable inferences to be drawn from it in the light most favorable to the non-moving party.” Scapa,
Petitioner maintains that we need only look to the testimony of the two deputies for evidence of the State’s negligent training of Deputies Falby and Henderson in connection with the Fourth Amendment’s dictates concerning in-home execution of arrest warrants. Petitioner directs us to the following testimony.
[Petitioner’s Counsel]: According to your training, does the house that you’re going to enter [with an arrest warrant] have to be the home of the actual arrestee?
[Deputy Falby]: No. The warrant has an address on it, and that’s the address we normally go to that’s on the warrant.
[Petitioner’s Counsel]: And that’s what you’ve been trained to do, right?
[Deputy Falby]: Correct.
[Petitioner’s Counsel]: Even if it’s not the address where the actual arrestee is?
[Deputy Falby]: We’re assuming that’s where he lives.
[Petitioner’s Counsel]: But you haven’t been trained or taught, as he said, to only go to the house of the arrestee?
[Deputy Falby]: Well, the address on the warrant, sir.
[Petitioner’s Counsel]: Just the warrant?
[Deputy Falby]: Yes, sir.
(Emphasis added). Additionally, Deputy Falby testified that whenever a door opens while he is serving an arrest warrant he is to cross the threshold by placing his leg in the way of the door (thereby entering the home):
[Petitioner’s Counsel]: You’ve been trained to do that. Door opens, your leg goes in?
[Deputy Falby]: Right. Once we’re in the process of arresting someone or believe they’re inside.
(Emphasis added).
Deputy Henderson, like Deputy Falby, testified that he had been trained by the State. When asked about his understanding, according to his training, about the requirements to enter a home, Deputy Henderson replied as follows:
[Counsel for the State]: What is necessary for you to enter a dwelling forcibly when you have an arrest warrant?
[Deputy Henderson]: Reasonable suspicion and belief that the suspect is inside.
The deputies’ testimony, viewed in the light favorable to Petitioner, and examined through the prism of the proper standard of care (here, training that is consistent with the Fourth Amendment principles announced in Payton and Steagald) provides the requisite “slight evidence” that the deputies were negligently trained by the State. From their testimony, a jury could find that Deputies Falby and Henderson were trained that an arrest warrant carries with it the authority forcibly to enter a home, the address of which was listed on the arrest warrant (but not necessarily the home of the arrestee), based solely on a belief that the arrestee is inside that home at the time of the entry. As characterized by the deputies, such training is contrary to the dictates of Payton and Steagald, which draw the important distinction between the sort of warrant that authorizes the forcible entry of the arrestee’s home (an arrest warrant for the arrestee) and the sort that authorizes the forcible entry of a third party’s home (a search warrant that reflects probable cause that the arrestee is inside that home). Because there was the requisite slight evidence of a breach of the State’s duty to provide the deputies with training that meets the standard of care (compliance with Fourth
Finally, we say a word about the State’s argument that, even assuming that Petitioner presented sufficient evidence of a duty owed and breached, the Circuit Court should have granted judgment in the State’s favor because Petitioner failed to establish that the State’s breach was the proximate cause of Petitioner’s damages. We reject this contention.
To constitute a proximate cause, the deputies’ training must be “1) a cause in fact, and 2) a legally cognizable cause.” Pittway Corp. v. Collins,
In sum, Petitioner presented legally sufficient evidence of her claim that the State was liable to her in tort for the negligent training of Deputies Falby and Henderson. Accordingly, the Circuit Court properly denied the State’s motions for judgment and judgment notwithstanding the verdict.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED. CASE REMANDED TO THAT COURT WITH DIRECTIONS TO AFFIRM THE JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY. COSTS IN THIS COURT AND THE COURT OF SPECIAL APPEALS TO BE PAID BY RESPONDENT, THE STATE OF MARYLAND.
Notes
. It is undisputed that Deputies Falby and Henderson went to 151 Westway Center Drive to serve a domestic violence arrest warrant for Lamarr Wallace. Once at that location, the deputies realized that the address was for the apartment complex, without an apartment number listed. The deputies made a telephone call to the complainant to obtain the apartment number, and as a result of that call went to Petitioner's apartment.
. Deputy Falby testified that he and Deputy Henderson were not dressed in traditional uniforms that morning, but were wearing “Battle Dress Uniforms.” The uniforms were described as “dark blue” with "baggy cargo pants,” modeled after current-issue United States military uniforms.
. At some point before the jury retired to deliberate, the court and parties had discussed whether Petitioner’s claims comprised but a single cause of action in negligence or three separate causes of action. Petitioner took the position that she had pleaded three torts — negligent retention; negligent training; and negligent supervision — and therefore the three claims should be presented separately to the jury. For its part, the State viewed the three claims as addressing separate aspects of a single cause of action and therefore only a single question should be presented. The Circuit Court agreed with the State and included on the verdict sheet the one question, quoted above, on the issue of liability. Petitioner does not contend that the court erred in sending the single question to the jury, and we offer no comment on the subject.
. Petitioner cross-appealed the Circuit Court's reduction of the damages award. Because the Court of Special Appeals reversed the judgment of liability, it did not address Petitioner's cross-appeal. Petitioner has not pursued that issue here.
. These two factors represent a consolidation of factors that we have considered in determining the existence (or not) of a duty owed by the defendant to the plaintiff. Those factors include:
the foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered the injury, the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant's conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost and prevalence of insurance for the risk involved.
Horridge v. St. Mary’s County Dept. of Soc. Servs.,
. We note here Ford v. Balt. City Sheriff's Office,
. U.S. Const, amend. IV provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
. The Steagald Court explained the distinction between the two situations and why each requires its own Fourth Amendment rule. The rationale for the Payton rule is that,
[i]f there is sufficient evidence of a citizen's participation in a felony to persuade a judicial officer that his arrest is justified, it is constitutionally reasonable to require him to open his doors to the officers of the law. Thus, for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within.
Steagald v. United States,
The Steagald Court continued:
Because an arrest warrant authorizes the police to deprive a person of his liberty, it necessarily also authorizes a limited invasion of that person's privacy interest when it is necessary to arrest him in his home. This analysis, however, is plainly inapplicable when the police seek to use an arrest warrant as legal authority to enter the home of a third party to conduct a search. Such a warrant embodies no judicial determination whatsoever regarding the person whose home is to be searched. Because it does not authorize the police to deprive the third person of his liberty, it cannot embody any derivative authority to deprive this person of his interest in the privacy of his home. Such a deprivation must instead be based on an independent showing that a legitimate object of a search is located in the third party’s home. We have consistently held, however, that such a determination is the province of the magistrate, and not that of the police officer.
Id. at 214-15 n. 7,