Civil rights groups are asking Maryland's highest court to strike down a state law capping the amount of money plaintiffs can receive after successfully suing a localgovernment, saying larger penalties are necessary to ensurejustice in police brutality cases.
The cap stems from a state law that says a local government's liability may not exceed $200,000 per plaintiff in a lawsuit and $500,000 for all claims connected to one incident. Even when a jury awards millions of dollars in damages, the amount is reduced to comply with the cap.
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The ACLU, joined by the Public Justice Center and the Caucus of African American Leaders, filed briefs this week inthe Maryland Court of Appeals in support of the family of an unarmed Prince George's County man who was fatally shot by a police officer in 2008 but saw its $11.5 million jury award reduced to $400,000 because of the cap.
The civil rights groups said the cap allows the government to "avoid its responsibility" and "severely undermines" the civil rights guarantees of the state Constitution.
"The government must be held fully accountable for the actions of police officers who abuse the power they are given," said Anne Jagelewskia, a fellow at the Public Justice Center. "The words of the Maryland Constitution will ring hollow if there is no meaningful remedy for their violation."
The cap has been challenged numerous times and upheld.
The plaintiffs in the Prince George's County case argued against the cap on constitutional grounds in 2012 and were rebuffed by the state's intermediate appeals court.
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Byron L. Warnken, a law professor at the University of Baltimore School of Law, said he favors elimination of the cap on damages, but the plaintiffs face daunting odds.
"While I think it is an excellent argument, the court will probably defer to the legislative judgment of how to implement the Constitution," Warnken said. "I'd love for them to succeed; I'm fearful that they will not."
The city of Baltimore is among those that filed an amicus brief arguing that the law is being correctly applied. The case will be argued before the appeals court in January.
The ACLU said the case in question has "special resonance against the backdrop of the events in Ferguson, Mo."
Just compensation
The Maryland case involves an incident in August 2008 in which Prince George's County police officer Steven Jackson noticed Manuel Espina drinking a beer with a friend outside Espina's Langley Park apartment as his wife and son prepared for his birthday party. Jackson followed the men into the building, using a master key he had because he worked a second job as a security guard there.
The officer asked Espina to place his hands against the wall and said Espina elbowed him in the back of the neck. A struggle ensued, the officer said, and both men tumbled down a flight of stairs. In Jackson's account, four or five other men joined the fight, and he drew his service weapon and ordered them to back away. Jackson said he shot Espina when he grabbed his baton.
Witnesses said Jackson hit Espina in the face and threw him down the stairs. One woman testified that she saw Jackson beating Espina with a baton and that no other men were in the apartment when Jackson fired.
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Jackson was never criminally charged and is still employed by the Prince George's County Police Department, the ACLU said. The organization said the officer had a "documented history of excessive force," including two incidents in the previous three months.
At issue in the appeal is how much money Espina's family should receive.
Baltimore attorney A. Dwight Pettit has won several large judgments in police brutality cases that were later reduced to comply with the cap. He said the cap establishes a lower baseline in settlement discussions.
"As long as the city has that cap on such a minimal amount of money, then they have no economic incentive to change the policies and the culture that leads to this type of aggressive behavior," Pettit said. "I am convinced that if the city had real exposure, it would very quickly solve the police brutality problems."
In one of his cases — the fatal shooting of an unarmed 17-year-old by a Baltimore Housing Authority officer in 1999 — a jury handed down a $7 million judgment, but a judge reduced it to $400,000.
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Over the years, some cases have been settled at amounts above the cap, and Pettit said he believes there are aspects regarding how the cap is imposed that the courts have not settled. Many cases end up getting filed in federal court, where there is no cap but where attorneys say juries are more conservative.
Attorney Michael Marshall, whose firm represents the state police union, said removal of the cap could create a "chilling effect" on officers in the line of duty.
Historically, common law granted the government sovereign immunity to lawsuits from the public. The cap came when state lawmakers decided to allow citizens to sue Maryland and its local governments.
The plaintiffs are "viewing it from the wrong angle," Marshall said. "The correct analysis is, absent the state waiving immunity, they wouldn't have any avenue for financial redress. So they really shouldn't be complaining. They should be grateful for the fact that they're giving you that right. You only have that right because the legislature decided to give you the right."
Among those who filed briefs asking the Court of Appeals not to find in favor of the plaintiffs are the mayor and City Council of Baltimore. The city has paid out millions of dollars in settlements over police misconduct, amounts that would be significantly higher if the cap were eliminated or raised.
In its brief, attorneys for the city cited the General Assembly in arguing that the cap is necessary for local governments to predict their exposure for insurance and budgetary purposes, and said the state cap does not deprive plaintiffs of damages.
But City Solicitor George Nilson said maintaining the cap is "not a priority of ours" in Baltimore and added that he had not read the amicus brief as of Thursday afternoon.