Case Name/Case #
Appellant C ounsel/ Area of Law
Gregory P. Lancaster, Nathan M. Peak, Esq. Sr. v. Charles County, 202-223-6767 Maryland 492-01327
Civil Rights/ Police Misconduct
Judge/ Jurisdiction
James J. Lombardi Charles County
Issues
In this excessive-force case, involving an attack by a police dog and an alleged beating at the hands of the police, the plaintiff failed to comply with the notice requirements of the Maryland Tort Claims Act, which are conditions prec- edent to bringing certain claims against law enforcement officers of the state. However, the plaintiff notes that the Maryland Tort Claims Act does not require the state to be responsible for officers acting with malice. As a result, the plaintiff argues that because the officers in this case were alleged to have acted with malice, that there is no require- ment to comply with the notice provisions of the Maryland Tort Claims Act.
John R. Robinson v. Merrill F. Maffei, Esq. 410-263-3163
S.T. Corp. 493-00042
Adverse Possession/ Agency Michael E. Loney Anne Arundel County
The plaintiff alleges that for more than 20 years, he satisfied the requirements to take title to certain properties through adverse possession. However, during this period of time, he hired a contractor to build a pier and the contractor wrote a letter to the adjoining property owner, seeking that property owner’s permission for the construction of the pier close to that property owner’s property line. The trial court found that the contractor was the agent
of the adverse possessor, and in recognizing the adjacent owner’s property rights, he interrupted the period of adverse possession such that the assertion of adverse possession by the plaintiff must be denied. The plaintiff argues that his contractor was not his agent for dealing with issues related to the disposition of land but instead was hired only to build a pier. Furthermore, the plaintiff notes he was not even aware of the letter at the time.
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