Appellate Decisions Edited by Mark E. Herman


Mark E. Herman, of the Law Office of William G. Koldner, PA of Baltimore is a member of MTLA’s Board of Governors and is a member of its President’s Club as a Supporter. Mr. Herman is certified in trial advocacy by the National Board of Trial Advocates. He is also a member of the Baltimore City Bar Association and is an arbiter/mediator on its Fee Arbitration Committee.


Civil Procedure


Civil Procedure- Summary Judgment- Battery- False Imprisonment- Malicious Prosecution- 42 U.S.C. § 1983 – Article 24 of Maryland’s Declaration of Rights.


Facts: On 15 June 1996, Inalegwu Okwa was arrested by Maryland Transportation Authority (MTA) police officers at Balti- more-Washington International airport as the result of a verbal dispute between Okwa and a counter attendant of British Airways. Okwa alleged that the officers roughly dragged him out of the airport terminal and struck him multiple times in the head and neck, as well as twisted his thumbs while his hands were cuffed. The officers, in affidavits, explained that Okwa attempted to break away from them and in an attempt to restrain him, Okwa and the officers fell to the ground. Okwa then filed a civil suit against the


MTA police officers and other parties. The causes of action stated in the com- plaint stemmed from the alleged false imprisonment, malicious prosecution, and the manner in which the MTA po- lice officers treated him during his arrest. On the counts against the police officers, including various common-law interna- tional torts and state and federal constitutional claims, the trial court granted summary judgment to the police officers. Okwa appealed to the Court of Special Appeals. Before that court heard the appeal, the Court of Appeals issued a writ of certiorari on its own initiative.


Held: Judgment of the Circuit Court re- versed. The primary basis for the trial court’s grant of summary judgment on the common-law claims was that the officers were immune from suit under the Mary- land Tort Claims Act (MTCA). The relevant provisions of the MTCA provide that state personnel, including MTA po- lice officers, are immune from tort liability for acts committed without malice and within the scope of their public duties. The Court determined that the question of whether the officers acted with malice


40 Trial Reporter Fall 2000


depended on which version of the facts were believed. After reviewing the com- peting affidavits submitted by the parties, the Court stated that it would not be un- reasonable for a fact finder to infer from Okwa’s allegation that the officers were motivated by an extreme and overzealous desire to punish Okwa for failing to obey instructions to walk away from the ticket counter and exit the terminal. Moreover, the alleged facts, if believed, that peace officers beat a citizen about his head and neck while they twisted his thumbs, could support an inference that the officers were inspired with malicious intention.


Okwa v. Harper, No. 129, September Term, 1999, filed July 28, 2000. Opinion by Harrell, J.


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Civil Procedure – Summary Judgment – Federal “Sham Affidavit” Rule Not Adopted.


Facts: In 1994, on behalf of her son Terran Pittman (Terran), Shari Hall (Hall) sued Atlantic Realty Co. and Northern Brokerage Co., respectively the owner and manager of 1908 Lauretta Avenue (the subject premises) in Balti- more City, for lead paint injuries allegedly sustained by Terran while temporarily re- siding at that location. Hall and Terran principally resided with Hall’s mother, Gladys Hall, at another nearby address, but sometime during 1992, due to a dis- agreement with her mother, Hall and Terran left this principal residence to live


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