MICHAEL JOHNSON, JR. v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL.
Court of Special Appeals of Maryland, Reed, June 1, 2017,
Local Government Tort Claim Act (LGTCA) – The Baltimore Police Department is not an agency of the City of Baltimore for purposes of the LGTCA

Facts:
Michael Johnson filed suit against Baltimore Police Department officers for: violations of the Maryland Declaration of Rights, false imprisonment, battery, and assault “based on the officers’ actions in taking him from Baltimore in a police van, assaulting him, breaking his phone, and then dropping him off in Howard County, in the rain, without shoes, socks or a way home.”
After a jury trial, Johnson was awarded compensatory damages in the amount of $465,000 and $35,000 in punitive damages.
The trial judge reduced the award to apx. $300,000. The officers appealed.
Before the appeal was decided, Johnson filed a writ for garnishment of property belonging to the Mayor & City Council of Baltimore.
In a 2014 opinion, the Court of Special Appeals reduced the award further and sent the case back to the Circuit Court for Baltimore City for further action.
After M&T Bank sent notice to the City that its money was being held, the City filed to have the money released.
The trial court agreed and released the city’s money, holding that there was no valid judgment because nothing had been done since the case was handed back from the Court of Special Appeals.
Johnson appealed, looking to have the City’s money seized once again plus interest.

Held:
The Court disagreed. Baltimore City is not liable for actions of a BPD officer. Johnson needs to go after BPD directly. BPD can then, in turn, seek money from the officers for payment made related to actions done “with actual malice.”

LGTCA- The Local Government Tort Claim Act (LGTCA) limits liability, provides for indemnification, and established requirements to sue officials and employees of local governments.

LGTCA- Under the LGTCA, Baltimore Police Department and Baltimore City are separate “local governments.” The reason for this is that BPD is actually a state agency, having been created by State law.

LGTCA- The Baltimore Police Department is responsible directly for suits against its officers related to actions taken within the scope of their employment

LGTCA- The LGTCA generally places a cap (maximum amount that can be awarded) on damages for the local government, “where, as here, a police officer is found to have acted with actual malice, he is not shielded by immunity and is liable fully for all damages awarded.”