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Keywords

tortnegligenceappealcommon law
tortnegligenceappealcommon law

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Cooper v. Rodriguez, 443 Md. 680, 118 A.3d 829

Facts

On February 2, 2005, inmate Kevin G. Johns, Jr. murdered fellow inmate Philip E. Parker, Jr. while being transported on a prison bus staffed by five correctional officers. The officers failed to secure Johns properly and did not follow protocols that would have prevented the attack. Despite being in close proximity, the officers did not witness the attack, which was brutal and occurred in plain sight.

In the early morning hours of February 2, 2005, inmate Kevin G. Johns, Jr. (“Johns”) murdered fellow inmate Philip E. Parker, Jr. (“Parker”), in plain sight of other inmates and correctional officers, while the two were traveling together on a prison transport bus with thirty-four other inmates and five correctional officers.

Issue

Was the correctional officer in charge grossly negligent, and if so, was he entitled to immunity under the Maryland Tort Claims Act and common law public official immunity?

Was the correctional officer in charge grossly negligent, and if so, was he entitled to immunity under the Maryland Tort Claims Act and common law public official immunity?

Rule

Gross negligence is defined as an intentional failure to perform a manifest duty in reckless disregard of the consequences affecting the life or property of another, and it is an exception to common law public official immunity.

Gross negligence has been defined as, among things, “an intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another, and also implies a thoughtless disregard of the consequences without the exertion of any effort to avoid them.”

Analysis

The court found that the evidence supported the jury's finding of gross negligence by the correctional officer, as he failed to ensure the proper restraint of the inmates and did not maintain the required level of vigilance during transport. The officer's actions and inactions directly contributed to the circumstances that allowed the murder to occur.

The court found that the evidence supported the jury's finding of gross negligence by the correctional officer, as he failed to ensure the proper restraint of the inmates and did not maintain the required level of vigilance during transport. The officer's actions and inactions directly contributed to the circumstances that allowed the murder to occur.

Conclusion

The Court of Appeals affirmed the lower court's decision, holding that the correctional officer was grossly negligent and not entitled to immunity under the Maryland Tort Claims Act or common law public official immunity.

The Court of Appeals, Watts, J., held that: 1 evidence supported finding that corrections officer was grossly negligent and, thus, was not entitled to immunity under Maryland Tort Claims Act; 2 alleged special relationship between officer and inmates was not limitation on common law public official immunity; but 3 as an issue of first impression, officer's gross negligence was exception to common law public official immunity.

Who won?

The parents of the murdered inmate prevailed in part, as the court found that the correctional officer was grossly negligent and not entitled to immunity, which allowed their claims to proceed.

The Court of Appeals affirmed the lower court's decision, holding that the correctional officer was grossly negligent and not entitled to immunity under the Maryland Tort Claims Act or common law public official immunity.

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