Appellate Decisions (Continued from page 43)
the potential hazards of lead-based paint was material and in fact deceptive was a question for the jury. The Court of Special Appeals further held that the trial judge’s failure to include a “reason to know” jury instruction con- stituted error. The Court determined there was sufficient evidence to enable a jury to conclude that both or either the Murphys and/or P&L and Poff had rea- son to know of deteriorated paint based on evidence that each had been in the apartment he or she owned prior to the inception of the lease, even if neither had actual knowledge of deteriorated paint.
Brittany Forres, et al. V. P & L Real Estate, et al., No. 2324, September Term, 1999, filed October 2, 2000. Opinion by Eyler, J.
Torts
Qualified Immunity - Municipal Offi- cials - Wrongful Arrest - Collateral Estoppel/Issue Preclusion - Malice - Summary Judgment
Facts: Appellant Thacker, an apartment
complex manager, requested police assis- tance in removing from the property management office a tenant who was dis- gruntled over Thacker’s refusal to issue him a parking permit.
In the ensuing
encounter among Thacker, Hyattsville police officers, and the tenant, Officer Gary Blakes, appellee, told the tenant “we know why he won’t give you a parking permit.” Thacker understood Blakes’ comment to be an accusation that Thacker, who is Caucasian, had discrimi- nated against the African-American tenant. When Blakes, who is also Afri- can-American, left the office with the tenant, Thacker followed them outside. There was conflicting testimony regard- ing the comments made and actions taken by both Thacker and Blakes. Blakes ar- rested Thacker for disorderly conduct. Based on his previous encounters with
Thacker, Blakes disliked Thacker, believed that Thacker was too hard on his tenants, the majority of whom were African- American or Latino.
Based on his
previous encounters with Hyattsville po- lice, Thacker felt that the police were pressuring him to hire off-duty police of- ficers for extra security patrols. When the charge against Thacker was nolle prossed, Thacker and his employer sued Blakes and seven other municipal defendants, assert- ing that Thacker did not commit any
crime and that the arrest was motivated by Blakes’ dislike of Thacker and his de- sire to retaliate and intimidate him. After removing the case to federal court based upon a Section 1983 count, defen- dants immediately moved to dismiss. Thacker attached a copy of Blakes’ inci- dent report to his opposition.
The
Honorable Alexander J. Williams granted defendants’ motion to dismiss and re- manded the state law claims. At the hearing, Judge Williams stated that “based on the [incident report]. . . , based on my reading of the facts,. . . I believe that all over this case is qualified immunity . . . I find that the officers had . . . probable cause, and even if they didn’t, . . . they objectively and reasonably believed they had the right to arrest. . . “ He also stated that the complaint was “still viable” and could be continued in state court. The subsequent written order stated that “a reading of the compliant indicates that the three individual officers are entitled to qualified immunity . . .” The order also stated that “in light of the [incident] re- port . . . , and having heard a proffer of facts. . . at the hearing, the Court also con- cludes that the motion could be converted to one for summary judgment. . . [and that] the Defendants would be entitled to summary judgment.” In the Circuit Court for Prince
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