# Department of Public Safety & Correctional Services v. Doe

> Court of Appeals of Maryland · June 30, 2014 · 439 Md. 201

URL: https://www.frixlaw.com/law-library/cases/9800171

## Case

- **Full name:** DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES v. John DOE; Gregg Hershberger v. John Roe
- **Court:** Court of Appeals of Maryland
- **Decided:** June 30, 2014
- **Citations:** 439 Md. 201; 94 A.3d 791
- **Precedential status:** Published
- **Opinion:** Concurrence by Harrell
- **Judges:** Barbera, Harrell, Greene, McDonald
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9800171

## How later opinions describe it (automated extraction)

- stating that DPSCS is “an agency of the State” for violations of a plaintiff's constitutional rights
- stating that DPSCS is “an agency of the State”

## Opinion text

HARRELL, J.,
concurring.
I did not join the reasoning (the unconstitutionality of the Maryland statute) of the plurality of the judges in Doe v. Department of Public Safety & Correctional Services, 430 Md. 535 , 62 A.3d 123 (2013) (“Doe I ”). Rather, I concurred based on a view that Doe was entitled to specific performance of the terms of his guilty plea. Doe, 430 Md. at 569 , 62 A.3d at 143 . I rejected the plurality’s constitutionality analysis. Id.
That having been noted, I concur in the judgment of the Court’s opinion in the present case, assuming that Doe I was decided correctly. It is, after all, the law of Maryland.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9800171. Public record. Not legal advice.