INDIANAPOLIS, July 8, 2024
/PRNewswire/ -- The highest court in Maryland has determined that a Baltimore County officer who inadvertently
injured a 5-year-old boy during a standoff with his mother is not
liable for violating the child's due process rights.
In August 2016, Baltimore County Police attempted to arrest
Korryn Gaines, who was armed with a
shotgun and in her apartment with her son, Kodi. Police called for
backup and the SWAT Team, including Corporal Royce Ruby, responded.
Ruby testified that after six hours of the standoff, he saw
Korryn Gaines raising her shotgun
into a firing position, prompting him to fire. Korryn Gaines did not survive.
Corey Cunningham, on behalf of
Kodi Gaines, filed suit.
The National Police Association (NPA) submitted an amicus brief
in the case of Cunningham v. Baltimore
County, presenting arguments in support of Corporal
Ruby.
The legal question before the Maryland Supreme Court did not
concern whether Corporal Ruby's actions violated Korryn Gaines' rights. The case before the
justices focused on whether he violated Kodi's rights.
Kodi was injured by a bullet that struck Korryn Gaines. The Court ruled, in a 40-plus
page opinion, that Ruby is entitled to qualified immunity in this
matter, protecting him from penalties for Kodi's injuries.
The NPA's involvement stems from its vested interest in the
legal frameworks and protections available to law enforcement
officers. By submitting this brief, the NPA aimed to ensure that
the legal standards applied in this case did not undermine the
operational efficacy and legal protections crucial to law
enforcement officers.
The NPA defended the doctrine of qualified immunity, arguing
that it is essential for enabling police officers to perform their
duties without the constant fear of litigation. The NPA argued that
without such protections, law enforcement officers would be
hesitant to make split-second decisions in critical situations,
which could compromise public safety.
The brief highlighted the potential negative consequences of
eroding qualified immunity. It argued that weakening this doctrine
could lead to increased litigation against officers, diverting
resources away from policing efforts and toward legal defense. This
would undermine the effectiveness of law enforcement agencies and
compromise public safety.
The brief underscored the importance of maintaining a balance
between holding law enforcement accountable and ensuring that
officers can perform their duties without undue hindrance. The NPA
contended that qualified immunity strikes this balance by providing
protection to officers acting in good faith while still allowing
for accountability in cases of clear constitutional violations.
The amicus brief submitted by the National Police Association in
the case of Cunningham v. Baltimore
County highlights the complex interplay between federal law,
state law, and the doctrine of qualified immunity. By providing
perspective, the NPA aimed to ensure that the court's decision
would reflect a balanced approach that upholds the legal
protections necessary for effective law enforcement while also
considering the rights of individuals. The brief underscored the
importance of qualified immunity in enabling police officers to
perform their duties effectively and argued against any erosion of
this critical legal doctrine.
The National Police Association was represented by Robert S. Lafferrandre and Jeffrey C. Hendrickson of Pierce Couch Hendrickson Baysinger & Green,
L.L.P., in Oklahoma City,
Oklahoma. The case is Cunningham v. Baltimore County et al., No.
SCM-REG-0009-2023, before the Maryland Supreme Court. The NPA's
brief can be accessed here. The Court's ruling can be read
here.
NationalPolice.org is a 501(c)3 nonprofit with a
mission of educating supporters of law enforcement on how to help
police departments accomplish their goals.
Media Contact:
Tim Livingston
567.245.5128
380020@email4pr.com
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SOURCE National Police Association