Ellsworth v. Baltimore Police Department

89 A.3d 1183, 438 Md. 69, 2014 WL 1632763, 2014 Md. LEXIS 276
CourtCourt of Appeals of Maryland
DecidedApril 24, 2014
Docket58/13
StatusPublished
Cited by4 cases

This text of 89 A.3d 1183 (Ellsworth v. Baltimore Police Department) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellsworth v. Baltimore Police Department, 89 A.3d 1183, 438 Md. 69, 2014 WL 1632763, 2014 Md. LEXIS 276 (Md. 2014).

Opinions

BATTAGLIA, J.

In this case we are called upon to interpret the Law Enforcement Officers’ Bill of Rights (“LEOBR”),1 which is triggered when a “law enforcement officer”2 is under investigation or subject to interrogation for a reason that may result in “a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive”. Section 3-107(a). Under Section 3-104(n)(ii) of the LEOBR, a law enforcement officer must be provided with “any exculpatory information” upon completion of an investigation, at least ten days before a hearing, upon certain conditions not relevant here.3 It is the definition of “exculpatory” [72]*72with which we are concerned.4

In the present case, Joshua Tripp Ellsworth, Petitioner, a homicide detective with the Baltimore City Police Department (“Department”), Respondent, was involved in an incident with Baltimore City Police Sergeant Jonathan Brickus of the Patrol Division. The incident arose during an investigation into a possible abduction, when the victim of the abduction was purportedly being held in a house located on the 2700 block of West Garrison Boulevard.5 After members of the homicide unit, including Detective Ellsworth, arrived, no agreement was reached as to which unit would supervise the scene, but Sergeant Brickus advised Detective Ellsworth not to enter the [73]*73home in which the victim and abductor were allegedly ensconced. Detective Ellsworth, however, began walking toward the house and failed to adhere to Sergeant Brickus’s orders to stop; Sergeant Brickus told Detective Ellsworth that he was suspended and seized Detective Ellsworth’s gun. A more heated argument ensued; Detective Ellsworth, without his gun, advanced on the house and entered the porch. Sergeant Brickus, thereafter, removed Detective Ellsworth from the porch and attempted to handcuff him and then filed a complaint against Detective Ellsworth, which precipitated an investigation by the Internal Investigation Division of the Baltimore Police Department.6 The investigator found that the allegations against Detective Ellsworth were supported by sufficient evidence,7 and he was charged with seven violations of four administrative rules:

CHARGE 1

Rule 1, Conduct: Any breach of the peace, neglect of duty, misconduct or any conduct on the part of any member of the department, either within or without the City of Baltimore, which tends to undermine the good order, efficiency or discipline of the department or which reflects discredit upon the department or any member thereof, or which is prejudicial to the efficiency and discipline of the department, even though these offenses may not be specifically enumerated or laid down, shall be considered conduct unbecoming a mem[74]*74ber of the Baltimore Police Department, and subject to disciplinary action by the Police Commissioner.
Specification 1: For that, on or about August 7, 2009, Detective Joshua Ellsworth undermined the good order, efficiency and discipline of the Department by failing to obey several lawful commands and/or orders given to him by Sergeant Jonathan Brickus, a permanent ranking supervisor, not to approach the dwelling located at 2727 W. Garrison Avenue, thereby, conducting himself in a manner unbecoming a member of the Baltimore Police Department. Specification 2: For that, on or about August 7, 2009, Detective Joshua Ellsworth undermined the good order, efficiency and discipline of the Department by failing to obey a lawful command and/or order from Sergeant Jonathan Brickus, a permanent ranking supervisor, to not knock on the door of the dwelling located at 2727 W. Garrison Avenue, thereby, conducting himself in a manner unbecoming a member of the Baltimore Police Department. Specification 3: For that, on or about August 7, 2009, Detective Joshua Ellsworth reflected discredit upon himself and the Department, when, while on the scene of a possible domestic abduction, Detective Ellsworth entered into a verbal confrontation with Sergeant Jonathan Brickus, a permanent ranking supervisor, while in plain view of numerous law enforcement members and the general public, thereby, conducting himself in a manner unbecoming a member of the Baltimore Police Department.
CHARGE 2
Section 14: No member of the Department shall willfully disobey any lawful command or order, either verbal or written, of any superior or other member designated to command.
Specification 1: For that, on or about August 7, 2009, Detective Joshua Ellsworth failed to obey several lawful commands and/or orders from Sergeant Jonathan Brickus, a [75]*75permanent ranking supervisor, not to approach the dwelling located at 2727 W. Garrison Avenue, a home possibly harboring an alleged abduction victim.
Specification 2: For that, on or about August 7, 2009, Detective Joshua Ellsworth failed to obey a lawful command and/or order from Sergeant Jonathan Brickus, a permanent ranking supervisor, to not knock on the door of the dwelling located at 2727 W. Garrison Avenue.
CHARGE 3
Cooperation with Other Offices and Agencies
Members will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.
An officer or agency may be one among many organizations that provide law enforcement services to a jurisdiction. It is imperative that members assist colleagues fully and completely with respect and consideration at all times. Specification: For that, on or about August 7, 2009, Detective Joshua Ellsworth, a detective within the Homicide Section entered into a verbal confrontation with Sergeant Jonathan Brickus a permanent ranking member of the Northwestern District, while at the scene of a possible domestic abduction at the dwelling of 2727 W. Garrison Avenue, in plain view of numerous law enforcement members and the general public.
CHARGE 4
Section 13: No member of the department at any time shall be insubordinate or disrespectful to a superior.
Specification: For that, on or about August 7, 2009, Detective Joshua Ellswortli, a detective within the Homicide Section behaved in an insubordinate and/or disrespectful manner when he entered into a verbal confrontation with Sergeant Jonathan Brickus a permanent ranking member of [76]*76the Northwestern District, while at the scene of a possible domestic abduction at the dwelling of 2727 W. Garrison Avenue, in plain view of numerous law enforcement members and the general public.

Detective Ellsworth elected a trial board hearing rather than accept the sanction recommended by the Department.8 Prior to the hearing, counsel for Detective Ellsworth requested in writing from the City Solicitor,9 representing the Department, “discovery to the fullest extent allowed by law, and [77]*77to the fullest extent required by the Maryland Law Enforcement Officers’ Bill of Rights, Md. Ann.Code Public Safety § 3-101, et seq.”

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Bluebook (online)
89 A.3d 1183, 438 Md. 69, 2014 WL 1632763, 2014 Md. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellsworth-v-baltimore-police-department-md-2014.