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CLEA v. CITY OF BALTIMORE

No. 76, September Term, 1986.

312 Md. 662 (1988)

541 A.2d 1303

ISAAC CLEA ET AL. v. THE MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

June 9, 1988.

Attorney(s) appearing for the Case

Gary S. Bernstein (Joseph F. Zauner III and Rocklin & Settleman, P.A., on the brief), Baltimore, for appellants.

Robert C. Verderaine (Verderaine & DuBois, P.A., on the brief), Baltimore, for appellee Robert E. Leonard.

Benjamin L. Brown, City Sol. and Millard S. Rubenstein, Asst. Sol., on the brief, Baltimore, for appellees Mayor and City Council of Baltimore City, Baltimore City Police Dept. and Bishop L. Robinson, Police Com'r.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and ADKINS, JJ.

ELDRIDGE, Judge.

This is a tort action based upon an unlawful search of the plaintiffs' home by an officer of the Baltimore City Police Department. The questions before us relate to whether Baltimore City and the Police Department are vicariously liable for the police officer's conduct, and whether the officer is entitled to public official immunity under the circumstances.

I.

On January 30, 1985, Police Officer Robert Leonard, along with at least...

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