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BALT. CITY POLICE DEPT. v. POTTS

Misc. No. 6, Sept. Term, 2019 No. 51, Sept. Term, 2019.

227 A.3d 186 (2020)

468 Md. 265

BALTIMORE CITY POLICE DEPARTMENT, et al. v. Ivan POTTS. Mayor and City Council of Baltimore v. Estate of William James, By Its Personal Representative, Menyonde Lewis.

Court of Appeals of Maryland.

Filed: April 24, 2020.

Attorney(s) appearing for the Case

Argued by Justin S. Conroy , Chief Solicitor, Police Legal Affairs ( Andre M. Davis , City Solicitor, Daniel C. Beck , Chief, Office of Police Legal Affairs, Kara K. Lynch , Chief Solicitor, Police Legal Affairs, Alexa E. Ackerman and Natalie R. Amato , Assistant Solicitors, Police Legal Affairs, Rachel Simmonsen and Michael Redmond , Co-Directors, Appellate Practice Group, Baltimore City Department of Law, Baltimore, MD), on brief, for Appellants (Misc. No. 6, Sept. Term, 2019).

Argued by Nicolas Y. Riley , Institute for Constitutional Advocacy & Protection Georgetown University Law Center, Washington, DC; Paul H. Zukerberg (Zukerberg & Halperin, PLLC, Washington, DC), on brief, for Appellee (Misc. No. 6, Sept. Term, 2019).

Amici Curiae Public Justice Center, ACLU of Maryland, the Youth, Education and Justice Clinic at the University of Maryland Francis King Carey School of Law, and the Baltimore Action Legal Team, in Support of Appellee (Misc. No. 6, Sept. Term, 2019): Dena Elizabeth Robinson , Murnaghan Appellate Advocacy Fellow, Public Justice Center, One North Charles Street, Suite 200, Baltimore, MD 21201.

Amici Curiae Victims of the Baltimore City Police Department in Support of Appellee (Misc. No. 6, Sept. Term, 2019): Andrew D. Freeman, Esquire , Jean M. Zachariasiewicz, Esquire , Chelsea J. Crawford, Esquire , Abigail A. Graber, Esquire , Neel K. Lalchandani, Esquire , Anthony J. May, Esquire , Brown, Goldstein & Levy, LLP, 120 East Baltimore Street, Suite 1700, Baltimore, MD 21202.

Argued by Justin S. Conroy , Chief Solicitor, Police Legal Affairs ( Andre M. Davis , City Solicitor, Daniel C. Beck , Chief, Office of Police Legal Affairs, Kara K. Lynch , Chief Solicitor, Police Legal Affairs, Alexa E. Ackerman and Natalie R. Amato , Assistant Solicitors, Police Legal Affairs, Rachel Simmonsen and Michael Redmond , Co-Directors, Appellate Practice Group, Baltimore City Department of Law, Baltimore, MD), on brief, for Appellant (No. 51, Sept. Term, 2019).

Argued by Mandy L. Miliman ( Howard A. Miliman , D'Alessandro & Miliman, P.A., Baltimore, MD), on brief, for Appellee (No. 51, Sept. Term, 2019).

Argued before: Barbera, C.J.; McDonald, Watts, Hotten, Getty, Booth, Wilner, Alan M. (Senior Judge, Specially Assigned), JJ.

In the instant cases, we must decide whether certain actions by law enforcement officers were within the scope of their employment.1 The officers involved were members of the Baltimore City Police Department ("the Department")'s now-defunct Gun Trace Task Force. A...

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