TIMOTHY EVERETT BEALL v. CONNIE HOLLOWAY-JOHNSON
Court of Appeals, Harrell, Filed Jan. 21, 2016,
Qualified Immunity – Local Government Torts Claims Act (LGTCA) – A local-government employee may not waive the damage cap set by the LGTCA; the LGTCA is not an affirmative defense requiring pre-trial pleading

Where officer struck motorcyclist during chase, based on the unique facts of the case sufficient evidence was presented to allow charges of negligence, gross negligence, battery, and Article 24 (Maryland Constitution) to go to jury. Trial court erred in withholding certain charges, but the damage cap was reached anyway and so no need to remand for new trial.
trial

Punitive damages – neither negligence nor gross negligence support punitive damages without malice (implied malice does not count)

Punitive damages – Without a showing of malice, neither battery nor atrial Maryland Constitution (Article 24) violation support punitive damages

Punitive damages – Clear and convincing evidence of malice and specific intent to injure must be adduced before the jury can consider punitive damages for battery or Article 24 violation

Article 24 – Maryland Constitution – a police officer acting without malice may still be liable for using excessive force in an arrest

Malice – Where defendant changed story and told various exculpatory versions, insufficient to show malice at time of collision

Local Government Tort Claims Act (LGTCA) – Approved Judge Moylan’s review of LGTCA in the CoSA opinion in this case

Qualified Immunity – LGTCA – A local government employee acting with actual malice is fully liable for damages

Qualified Immunity – LGTCA – So long as the employee “is acting without malice and within the scope of his employment,” “an injured party may not collect so much as one penny from the employee directly.”

Qualified Immunity – LGTCA – A LGTCA cap is not an “affirmative defense.” In fact, it cannot be waived by the employee-defendant.