Case law

Waters Landing Ltd. Partnership v. Montgomery County

337 Md. 15 · Court of Appeals of Maryland · Dec 16, 1994

The privilege of using property is only one of the many incidents which make up the bundle of rights, powers, privileges and immunities, collectively regarded as property or ownership. … As we stated earlier, the Montgomery County Council clearly expressed its intention that the tax ordinance apply retroactively.

Totten

District Court, D. Maryland · Oct 24, 2025

But on March 7, 2025, they added a count entitled, “Maryland Civil Rights,” (Count IV), in which they allege deprivation of “existing and clearly established rights, privileges, and immunities secured to them … Defendants respond that, even though Count IV clearly brings state constitutional claims, the cause of action “necessarily raises substantial federal issues.”

Baker v. State

39 Md. App. 133 · Court of Special Appeals of Maryland · Mar 13, 1978

Our conclusion rested upon the well-established principle that, given a fair trial, the fact of an illegal arrest will not vitiate a conviction. Frisbie v. … Where, as here, the identity of an individual is characterized as the “illegal fruit,” “in the final analysis,” what is sought “is no less than an immunity from any prosecution.” Crews v.

Collington v. Calvert County

District Court, D. Maryland · Jul 26, 2021

established rights, privileges and immunities secured to him by the United States Constitution, including but not limited to the Fourth, Fifth, and Sixth Amendments, and arising under the law and statutes of the United … See, e.g., ECF No. 6 ¶ 58 (stating that Defendants engaged in the illegal conduct mentioned in the Amended Complaint “to the injury of [Plaintiff] and deprived him of his then existing and clearly established rights, privilege

United States Equal Employment Opportunity Commission v. GBMC HealthCare, Inc.

District Court, D. Maryland · Apr 18, 2025

As the EEOC puts it, the provider listed the following accommodations: “providing a badge identifying Charging Party as hard-of-hearing so that others knew to speak to her slowly and clearly, a direct way for Charging … An ADA plaintiff need not establish a prima facie case to survive a motion to dismiss, but these elements guide the Court’s analysis as to whether the complaint plausibly establishes an entitlement to relief.

Heller v. Department of Natural Resources

161 Md. App. 299 · Court of Special Appeals of Maryland · Feb 24, 2005

Thus, Heller also established that he was “moved by a concern for the public well-being.” … On that mixed question of fact and law, the documents reviewed above clearly profess Heller’s conviction that DNR violated section 5-908.1.

Ward Electronic Services, Inc. v. Property & Casualty Insurance Guaranty Corp.

325 Md. 1 · Court of Appeals of Maryland · Dec 11, 1991

A further condition for the bonding of Ward Inc. by EICOM was the establishment of a bank account into which all of the payments from the Government contract would be deposited. … Further, Chapter 440 added the § 505(h) definition of “resident.” *12 Clearly, the General Assembly was not in a fiscally expansive mood when it enacted Chapters 440 and 161.

Baltimore Sun Co. v. Mayor of Baltimore

359 Md. 653 · Court of Appeals of Maryland · Jul 24, 2000

State, 294 Md. 30 , 447 A.2d 1264 (1982), this Court adheres to “the established principle that a court will not decide a constitutional issue when a case can properly be disposed of on a non-constitutional ground.” … To reiterate, we have clearly recognized, as a matter of Maryland common law, the “public’s right of open access to courtrooms,” as well as the “right to inspect and copy judicial records and documents.”

Ferguson v. United States

District Court, D. Maryland · Aug 2, 2021

Section 8-15.2, entitled “Removing Snow and Ice” states in pertinent part: You must establish snow and ice removal plans where necessary. … Moreover, this Court is not alone in concluding that this decision “clearly ‘involves an element of judgment or choice.’” Id.

Walker v. Board of County Commissioners

208 Md. 72 · Court of Appeals of Maryland · Jul 27, 1955

This County has been practically immune to depression because the people live primarily off the land and in towns catering to the wants of the people on the farms. … He added that if appellants’ land were zoned industrial and no industry was established, other property in the neighborhood would be depreciated.

United States v. First National Bank of Maryland

310 F. Supp. 157 · District Court, D. Maryland · Jan 13, 1970

To allow the joint venture to obtain antitrust immunity because it was launched at the very threshold of the entry of two potential competitors into a territory is to let § 7 be avoided by sophisticated devices. Mr. … It seeks to establish regional offices in key towns. It has smaller branch offices elsewhere in each region.

Washington v. Baltimore Police Department

District Court, D. Maryland · May 6, 2020

Courts may only rule on an affirmative defense at the Rule 12(b)(6) stage “if all facts necessary to the affirmative defense ‘clearly appear[] on the face of the complaint.’” Goodman v. … immunity.

Boyd v. State

22 Md. App. 539 · Court of Special Appeals of Maryland · Aug 21, 1974

purpose the driver must, to obey the traffic laws, constantly note its speed, and as well the speed of other automobiles which pass it, or which it passes, in terms of miles per hour, and so gain experience which should qualify … Appellant contends that the evidence was insufficient to establish his guilt.

Everhart v. State

20 Md. App. 71 · Court of Special Appeals of Maryland · Feb 13, 1974

He established *108 his past experience with marihuana seeds, with marihuana residue and with marihuana plants. He established his ability to recognize it by sight and by smell. … He testified that he had been qualified on previous occasions to testify in court on the identification of growing marihuana plants. We hold that there was no abuse of discretion in permitting him to testify.

Grim v. Baltimore Police Department

District Court, D. Maryland · Mar 5, 2020

Thus, although an individual defendant may be entitled to qualified immunity, the local government entity can be liable under § 1983. See Int’l Ground Transp., Inc. v. … Grim’s constitutional rights is a prerequisite to establishing liability against the BPD.

Whack v. State

94 Md. App. 107 · Court of Special Appeals of Maryland · Nov 27, 1992

As this issue concerns a question of fact, we will not set aside the trial court’s finding unless it was clearly erroneous. Md. Rule 8-131(c). … sub judice in that there, as here, the issue presented concerned whether an alleged declaration against the penal *123 interest of an unavailable witness, offered by the State against the accused in a criminal trial, (1) qualified

Vance v. HOUSING OPPOR. COM'N. OF MONT. COUNTY, MD

332 F. Supp. 2d 832 · District Court, D. Maryland · Jul 17, 2004

Corp., 952 F.2d 802, 812-13 (4th Cir.1991), which then determines the extent to which the plaintiff must establish a likelihood of success on the merits. … Clearly at some point a non-compliant participant may be shown the door. But the Court returns once again to the fact of Vance’s psychiatric condition.

Taylor v. Fishkind

207 Md. App. 121 · Court of Special Appeals of Maryland · Aug 31, 2012

Merrick testified that she is not certified in lead paint inspection and is not certified as a lead paint risk assessor, she is not qualified to render an opinion about the source of a person’s lead exposure. … Jazminn then claims that this statement clearly indicates that the circuit court based its decision as to summary judgment on its conclusion that Jazminn’s mother’s testimony was not credible, and therefore, Dr.

Korn v. Elkins

317 F. Supp. 138 · District Court, D. Maryland · Sep 17, 1970

The teachings of Street clearly require the protection of the expression attempted herein. The Maryland statute cannot constitutionally be applied to curtail freedom of expression as such. … NOTES [1] Plaintiffs, in their complaint herein, have also sought damages under 42 U.S.C. § 1983 , but they have neither pressed, nor established any factual basis for, that claim.

Hagan v. Dundore

187 Md. 430 · Court of Appeals of Maryland · Jan 8, 1947

Alvey *440 said: “It is not necessary to establish that there has been actual fraud or imposition practiced by the party holding the confidential or fiduciary relation;—the onus of proof being upon him to establish the perfect … Wooden, a qualified accountant called by the appellant, that the books were not adequate to reflect accurately the assets and liabilities on any specified date, that only a portion of the invested labor cost went through