Prince George's County v. Blue

51 A.3d 42, 206 Md. App. 608, 2012 WL 3764524, 2012 Md. App. LEXIS 97
CourtCourt of Special Appeals of Maryland
DecidedAugust 30, 2012
DocketNo. 191
StatusPublished
Cited by3 cases

This text of 51 A.3d 42 (Prince George's County v. Blue) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prince George's County v. Blue, 51 A.3d 42, 206 Md. App. 608, 2012 WL 3764524, 2012 Md. App. LEXIS 97 (Md. Ct. App. 2012).

Opinion

ZARNOCH, J.

STATEMENT OF THE CASE

Appellee/cross-appellant, Roguell Blue (“Blue”), filed suit against appellants/cross-appellees, Prince George’s County, and police officers Steve Thompson (“Thompson”), Charles Patterson (“Patterson”), and Timothy Tyler (“Tyler”) (collectively, “the County”) for a violation of his civil rights under Article 24 of the Maryland Declaration of Rights, false arrest/imprisonment, and malicious prosecution stemming from his allegedly wrongful arrest for wearing and carrying a handgun without a permit outside Irving’s Nightclub in Capitol Heights. In December 2010, the Circuit Court for Prince George’s County granted the County’s motion for judgment on the malicious prosecution claim, but allowed the remaining counts to be considered by a jury, which found the County liable. Compensatory damages were awarded in the amount of $106,100.00. After the court denied the County’s Motion for Judgment Notwithstanding the Verdict (“JNOV”), both parties appealed.

The County poses the following questions:

1. Did the trial court err when it denied the Motion Notwithstanding the Verdict on the issue of the existence of probable cause?
[611]*6112. Did the trial court abuse its discretion when it permitted the treating psychiatrist to be qualified as an expert witness and testify as to expert opinions not contained in any report?

Blue raises an additional issue:

Did the trial court err in directing a verdict on Blue’s malicious prosecution claim on the basis that there was no showing of malice?

In answering the first question in the affirmative, we conclude that, under the circumstances of this case, Md.Code (2002, 2012 Repl.Vol.) Criminal Law Article (“Crim.Law”) § 4-203(b)(7)1, which exempts certain supervisory employees from the statute’s general prohibition against wearing, carrying, or transporting a handgun without a permit, see Crim. Law § 4-203(a),2 does not apply to employees working outside the building that houses the nightclub. Because Blue was wearing a handgun outside the premises and failed to produce a permit to wear, carry, or transport a handgun3, the County [612]*612had probable cause to arrest and charge him with violating Crim. Law § 4-20S(a)(l). In the absence of this vital element of his claims, Blue cannot prevail in his constitutional or common law actions. Because we must reverse the judgment, there is no need to address the County’s second contention. As to Blue’s cross-appeal, we find that the circuit court did not err in rejecting his malicious prosecution claim.

FACTUAL AND LEGAL PROCEEDINGS

On June 17, 2008, during an investigation into a possible shooting at Irving’s Nightclub in Capitol Heights, County police officers Patterson, Tyler and Thompson discovered that Blue was standing in the parking lot of the nightclub, wearing a handgun without a permit, and had neither a certification nor a license to be a security guard. When questioned, Blue identified himself as the nightclub’s “head of security,” and produced a card which identified him as a “special agent” of the “United States Fugitive Enforcement Agency,” a company that he formed and owned. He also provided the officers with several weapons certifications and a laminated copy of a “portion of the Maryland Handgun Law” which he believed exempted him from the State’s handgun permit requirement.

It was Officer Tyler’s belief that Blue was required to have been in possession of both a security guard permit and weapons permit to lawfully carry a handgun as an armed security guard in the parking lot of a business. Lacking this documentation, Blue was arrested and charged with “wearing, carrying, or transporting a handgun in public, whether concealed or open” without a permit, in violation of Crim. Law § 4-203. Officer Thompson’s sworn Statement of Probable Cause provided:

[Blue], head of security for Irving’s Night Club, was in possession of a Black Sig Sauer p229 Caliber. At this time [Patterson] ... asked [Blue] to display his credentials and [613]*613handgun permit to carry on the property. At this time [Blue] started to display several documents but failed to display any handgun permit to carry on the property. [Blue] was subsequently apprehended and transported to the Prince George’s County Department of Corrections for processing.

After the criminal charges against him were nol prossed, Blue filed a Complaint in the Circuit Court for Prince George’s County against the County and its police officers, alleging that his civil rights under Article 24 of the Maryland Declaration of Rights had been violated (Count I);4 that he was falsely arrested and imprisoned (Count II); and that he was maliciously prosecuted (Count III). According to Blue, the officers arrested him without probable cause because he could lawfully wear and carry a handgun without a permit pursuant to the “supervisory employee” exception enumerated in Crim. Law § 4-203(b)(7).

The County moved for summary judgment, arguing that because Blue was engaged in providing security services in the parking lot, which was outside “the confines of the business establishment,” and was unable to produce a valid Maryland handgun permit, the police had probable cause to arrest. Therefore, the County argued, Blue was precluded from maintaining an action for any of the counts pled. The court denied [614]*614the motion and, on December 13, 2010, the case proceeded to trial before a jury.

Daniel Irving, the owner of Irving’s Nightclub, testified that he hired Blue as the “head of security,” which entailed “[managing] the security of the club.” Specifically, Blue was responsible for making “sure that everything was safe around the club, ... [going] out ... [to] scout other people, [hiring] ... under his management, and just [making] sure that he provided safety inside and around the club.” Irving stated further that Blue “had to be armed” to work at the nightclub, that he required Blue “to have a weapon on [the] premises,” and that Blue was responsible for security “[i]nside and around the parking lot” of the nightclub, which was “part of [his] land.”

According to Officer Thompson, however, the only information given to him to indicate that Blue was authorized by Irving to carry a weapon was Blue’s “word of mouth” as he was getting handcuffed. Thompson testified that the officers’ decision to arrest was based solely on Blue’s inability to produce a handgun permit; thus, it was immaterial whether Blue had identified himself as “head of security.”

At the close of Blue’s case, the County moved for judgment on all counts. The court granted the motion as to the malicious prosecution claim on the ground that Blue failed to prove, as a matter of law, that his arrest was “motivated by any ill will, rancorous—or contempt or with the intent to injure ... at least ... as malice is defined under the law.” As to the remaining counts, the court reserved ruling on the County’s motion, eventually denying it and sending the case to the jury.

With respect to the alleged civil rights violation, the judge provided the jury with the following framework for evaluating the County’s evidence in support of the existence or lack of probable cause:

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Bluebook (online)
51 A.3d 42, 206 Md. App. 608, 2012 WL 3764524, 2012 Md. App. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prince-georges-county-v-blue-mdctspecapp-2012.