Case law

Higdon v. Stewart

17 Md. 105 · Court of Appeals of Maryland · Mar 27, 1861

We consider this case as covered by the principle established, and over and over recognized in this court, that where the debtor makes an acknowledgment, accompanied by a qualification or declaration, which, if true, would … as it was, into a promise to pay a much larger amount, which his other remarks clearly, as we think, show he deemed an unjust demand?

Minor v. State

334 Md. 707 · Court of Appeals of Maryland · May 13, 1994

The Court returned to the Leon rule when considering an immunity defense asserted to an action under 42 U.S.C. § 1983 arising out of an arrest on a warrant, the supporting affidavit for which failed to establish probable … Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986), held “that the same standard of objective reasonableness that we applied in the context of a suppression hearing in Leon ... defines the qualified immunity accorded

Moore v. Peitzmeier

District Court, D. Maryland · Jan 7, 2020

judgment on the excessive force claim based on qualified immunity. … Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Springle v. Cottrell Engineering Corp.

40 Md. App. 267 · Court of Special Appeals of Maryland · Sep 6, 1978

The jury answered the first two questions in the affirmative, and established the period of entitlement as being from “Aug 75 — Aug 76”. … This, he clearly failed to do.

Allen v. Rumsfeld

273 F. Supp. 2d 695 · District Court, D. Maryland · Jul 15, 2003

Terms, conditions, or benefits of a person’s employment do not typically, if ever, include general immunity from the application of basic employment policies. Von Gunten, 243 F.3d at 869 . … As such, Plaintiffs unpaid suspension qualifies as an adverse employment action. See Spriggs v.

Jun v. State

Court of Appeals of Maryland · Jun 22, 2026

Defense counsel pressed the detective on whether the Verizon records established that the 220 IP address was assigned to Mr. … Clearly, specialized education or training was required to understand the meaning of the information in the Kik legend and logs files.

Dove v. State

415 Md. 727 · Court of Appeals of Maryland · Sep 21, 2010

Dove argues that the sentencing judge clearly relied upon the fingerprint cards in evaluating the expert’s testimony and in determining whether the State successfully established Dove’s identity in the prior convictions. … Without the fingerprint card, in Dove’s view, the State could not have established Dove’s identity or linked him to the previous qualifying conviction.

Jay Dee/Mole Joint Venture v. Mayor & City Council

725 F. Supp. 2d 513 · District Court, D. Maryland · Jul 26, 2010

Under Maryland law, state and municipal governments are immune from some tort lawsuits under the common law doctrine of sovereign immunity. Mayor and City Council of Baltimore v. … Code art. 23A, § 1A — which purports to waive immunity for "municipal corporations” for "written contract[s] executed ... by an official or employee acting within the scope of his authority” — implies that the City is immune

Mundey v. Unsatisfied Claim & Judgment Fund Board

233 Md. 169 · Court of Appeals of Maryland · Dec 11, 1963

Code (1957), Art. 66½, sec. 159 requires a qualified judgment creditor who seeks payment from the Fund to show that *171 he has met the requirements of sec. 154. … We think the words “physically incapable of giving notice” clearly import a greater incapacity than mere inability to give notice in person or to give notice only with difficulty.

In the Matter of Antavis Chavis

Court of Appeals of Maryland · Dec 21, 2023

Chavis did not qualify for a test accommodation “[i]n the absence of objective data to prove the ADHD diagnosis and establish impairment in a major life activity as compared to most people[.]” Mr. … Thiebaud clearly stated on the ADHD Verification Form that he based his diagnosis and findings on personal experience and neuropsychiatric testing. - 30 - not establish that Mr.

Wingert v. State

125 Md. 536 · Court of Appeals of Maryland · Apr 8, 1915

Because the return of the appraisers in the matter of appraisement, in the absence of fraud or/ mistake, establishes the true value of the real estate and is conclusive thereof. … It would clearly have been competent and entirely within the power of the Orphans’ Court, upon charges of incompetency, neglect of duty, or unfaithful conduct, injurious to the interest of the estate, if sustained by proof

Armwood v. State

229 Md. 565 · Court of Appeals of Maryland · Oct 31, 1962

If he had merely remained silent he would have been immune from any police interference until a warrant had been procured. See Cornish v. State, 215 Md. 64, 69 , 137 A. 2d 170 (1957), citing Blager v. State, supra. … Under these circumstances the determination as to whether the search was permissive was for the trier of the facts, and unless we find it to have been clearly erroneous, which we do not, we may not substitute our judgment

Jamil v. White

192 F. Supp. 2d 413 · District Court, D. Maryland · Mar 28, 2002

A list of 20 applicants, deemed “best qualified” by the Re-sumix system, was compiled. Plaintiff was listed as one of these twenty. A panel of three individuals was then established to interview the twenty applicants. … Evidence of record indicates that plaintiff has under Title VII established a pri-ma facie ease of discriminatory failure to promote. He has clearly satisfied the first three elements of the test.

Jenkins v. Massinga

592 F. Supp. 480 · District Court, D. Maryland · Aug 3, 1984

Thus, unless the defendants have waived their immunity, an order directing the state to refund money deposited in that general revenue fund clearly would violate the Eleventh Amendment. … After reviewing the Act, this court can find no other waiver of immunity.

Rockwell v. MacK Trucks, Inc.

8 F. Supp. 2d 499 · District Court, D. Maryland · Jun 11, 1998

Only hours actually worked qualify for credit toward this total. … Rockwell has failed to establish a prima facie case of discriminatory discharge in violation of the FMLA because he has failed to establish that he was an “eligible employee” entitled to the rights and protections that the

Hurst v. v & M of Virginia, Inc.

293 Md. 575 · Court of Appeals of Maryland · Jun 18, 1982

Hurst filed a petition to establish and enforce a mechanics’ lien after he was not paid in full. … Ordinarily, the word refers to the entire building, and if a part only is intended qualifying words are used.”

Carter v. State

10 Md. App. 50 · Court of Special Appeals of Maryland · Jul 21, 1970

On cross-examination, Bloom admitted that he had been granted immunity from prosecution for the breaking in this case if he would testify. … In this case, we cannot say the trial court was clearly erroneous in using the defendant’s testimony to support the verdict or in finding scienter based on the other testimony.

Hauch v. Connor

295 Md. 120 · Court of Appeals of Maryland · Jan 4, 1983

The rule of lex loci delicti is well established in Maryland. When its rationale has been put into question, *124 "this Court has consistently followed the rule,” White v. King, 244 Md. 348, 352 , 223 A.2d 763 (1966). … The courts clearly consider that this system of mutual give and take would be upset if the employee could sue for negligence in another jurisdiction.” (Footnotes omitted; emphasis supplied.) 4 .

Jackson v. Baltimore Curriculum Project, Inc.

District Court, D. Maryland · Jan 20, 2021

Each of these claims against Richetta is a state law claim, rendering Defendants’ invocation of § 1983 case law on qualified immunity unavailing. Instead, Maryland’s common law qualified immunity applies. … This Court is not empowered to disregard such clearly established Supreme Court precedent merely because Plaintiff thinks it would be a good idea to do so.

Billman v. State of Maryland Deposit Insurance Fund Corp.

88 Md. App. 79 · Court of Special Appeals of Maryland · Aug 8, 1991

FI § 9-307 clearly applied to the loans to the insider partnerships. … Friedman said that McPherson did not “qualify” the Count I loss in terms of a year.