Allegations of alleged police brutality often make it into the news, and very often lead to civil lawsuits for damages against the officers and the governmental entity employing them. Verdicts against the police often make headlines, but do not always stand up on appeal, a fact which gets much less press. Maryland’s intermediate appellate Court just decided such a case in Wilbon v. Hunsicker, which illustrates some of the difficulties in succeeding with such suits.
The opinion reports that Mr. Wilbon was arrested by the Baltimore City police for trying to get into some vehicles and allegedly steal them. He was very disheveled and acting in a bizarre manner, so that within about an hour the police decided to take him to the Emergency Room. After arriving he had an apparent seizure, and reportedly died within an hour of arriving. The cause of death was reported to be a cardiac arrhythmia brought on by heart disease and past drug use.
Almost three years after this occurred, Mr. Wilbon’s daughter filed suit against the officers for the alleged wrongful death of her father. She alleged that their delay in obtaining medical treatment for her father led to his death. The complaint alleged a number of legal theories, including that the officers were grossly negligent in the handling of her father, had falsely arrested him, and violated his civil rights in violation of the Maryland Constitution.
The trial court denied motions to dismiss the suit filed on behalf of the officers, including a claim that timely notice required under Maryland law in order to bring such a suit had not been given. A jury ultimately found in favor of the plaintiff against the officers on several legal claims, and awarded $249,000. The officers appealed, and the judgment was reversed by the Court of Special Appeals with instructions to the trial court to enter a judgment in favor of the officers.
The reason for this result was that the Local Government Tort Claims Act, which governs claims against Baltimore City or counties in Maryland, had not been complied with by the plaintiff. That law provides that the government’s right to immunity from suit is waived, up to dollar amounts specified by each jurisdiction. However, it requires that written notice of the intent to bring a claim for injury by such government employees as the police must be given within 180 days of the event. The notice must by law provide details of the time, place and cause of the injury. For a claim against Baltimore City, the written notice must be given to the Baltimore City Solicitor who acts as attorney for the City.
The relatives of Wilbon, the Court held, had failed to provide this notice and the suit was therefore barred. The plaintiff tried to rely on a written complaint filed four days after Wilbon’s death to the police Civilian Review Board, which reported the incident and allegations of police brutality. Although this notice sparked an internal police investigation, the Court noted legal precedent that such a complaint, given to the wrong part of the government, simply is not the same as notifying the appropriate officials of intent to bring a claim or suit for money. The Court further reversed the trial court’s judgment that good cause had been shown why proper notice was not given, in the absence of any real explanation presented to excuse the lack of appropriate notice.
This case illustrates the importance of following the rules, or consulting with a lawyer, before attempting to sue the police or government.