De Espina v. Prince George's Cnty.

• Decision Date: 04 February 2014
• Docket Number: No. 2044,Sept. Term, 2012.,2044
• Citation: 82 A.3d 1240,215 Md.App. 611
• Parties: Estela Jacome de ESPINA, et al. v. PRINCE GEORGE'S COUNTY, Maryland, et al.
• Court: Court of Special Appeals of Maryland

215 Md.App. 611

82 A.3d 1240

Estela Jacome de ESPINA, et al.

v.PRINCE GEORGE'S COUNTY, Maryland, et al.

No. 2044, Sept. Term, 2012.

Court of Special Appeals of Maryland.

Dec. 20, 2013.

Reconsideration Denied Feb. 4, 2014.

Timothy F. Maloney (Veronica Byam Nannis, Levi S. Zaslow, Matthew M. Bryant, Joseph Greenwald & Laake, PA, Greenbelt, MD and Thomas C. Mooney, Upper Marlboro, MD), all on the brief, for appellant.

Victoria M. Shearer (Daniel Karp, Karpinski, Colaresi & Karp, PA, on the brief) Baltimore, MD, for appellee.

Panel: KEHOE, BERGER, IRMA S. RAKER (Retired, Specially Assigned), JJ.

BERGER, J.

This appeal involves litigation arising from the shooting death of Manuel Espina (“Espina”) by off-duty Prince George's County police officer Steven Jackson (“Jackson”). The primary issue before us is the extent to which the Local Government Tort Claims Act (the “LGTCA”) limits recovery for state constitutional violations.

Following Espina's death, Espina's wife, Estela Concepcion Jacome–Espina (“Estela”),¹ Espina's son, Manuel de Jesus Espina–Jacome (“Manuel”), ² and Espina's estate (collectively, “the Espinas”) filed suit against Jackson and Prince George's County (“the county”) in the Circuit Court for Prince George's County. After a twenty-three day trial and three days of deliberation, the jury returned a verdict in favor of the Espinas, finding that Jackson violated Espina's rights under Article 24 of the Maryland Declaration of Rights, assaulted and battered Espina, wrongfully caused Espina's death, and violated Manuel's rights under Article 24 of the Maryland Declaration of Rights.³ The jury found that Jackson acted with actual malice and did not act in self-defense, and awarded damages totaling $11,505,000.⁴ Applying the Local Government Tort Claims Act (“LGTCA”) damage cap, the circuit court reduced the $11,505,000 million verdict against Prince George's County to $405,000.⁵ The original verdict against Jackson was not reduced. All parties noted timely appeals.

The Espinas present four issues for our review, which we have rephrased as three issues as follows:

1. Whether the LGTCA damages cap applies to the constitutional claims.

2. Whether the LGTCA damages cap is unconstitutional as applied to the state constitutional claims.

3. Whether the circuit court erred in applying the LGTCA damages cap to reduce the judgment against Prince George's County from $11,505,000 to $405,000.

The county and Jackson present nine issues for our review, which we have rephrased as follows:

1. Whether the circuit court erred in denying the motion to dismiss the unlawful pattern and practice claim.

2. Whether, if the LGTCA damages cap does not apply, the general damages cap found in § 11–108 of the Courts and Judicial Proceedings Article should be applied.

3. Whether the circuit court erred by excluding evidence regarding Espina's immigration status and pocket knife.

4. Whether the circuit court erred by admitting evidence of Jackson's involvement in two previous stops of two other individuals.

5. Whether the Article 24 claim should be vacated because the claims of excessive force should have been asserted as an Article 26 claim.

6. Whether there was sufficient evidence to establish malice.

7. Whether the jury's verdict with respect to Manuel's claims is irreconcilably inconsistent.

8. Whether the verdict sheet was incorrect as a matter of law.

9. Whether the damages awarded by the jury were plainly excessive.

For the reasons set forth below, we shall affirm in part and reverse in part the judgment of the Circuit Court for Prince George's County.

FACTUAL AND PROCEDURAL BACKGROUND

On August 16, 2008, Espina and a friend were enjoying a beer outside Espina's Langley Park apartment. Prince George's County police officer Steven Jackson drove by Espina and his friend and observed the men drinking what he believed to be alcoholic beverages in the common area of the apartment complex. ⁶ Jackson was driving his marked police cruiser and was wearing his Prince George's County police uniform.⁷ Jackson worked secondary employment as a security guard at the apartment complex. After driving past the men twice in hopes that the men would disperse after seeing the police cruiser, Jackson parked his cruiser and approached the area where Espina and his friend had been standing. After Espina and his friend had entered the building, Jackson used his master key to enter the locked building. Inside the building, a confrontation ensued between Jackson and Espina. The details of the confrontation were significantly disputed at trial. We first describe the version of events as presented by Jackson. Thereafter, we describe the incident as testified to by the other witnesses.

A. Jackson's version of events.

Jackson testified that he entered the building to investigate possible violations of loitering, trespassing, or open container laws. When he entered the building, Jackson believed that Espina and another man had “taken evasive movements or measures” by going into the building and Jackson felt “outnumbered.” Jackson testified that he asked Espina if he had any weapons and to put his hands against the wall. Jackson placed his hands on Espina and then, according to Jackson, Espina elbowed him in the back of his neck. Jackson testified that Espina became anxious and took a combative stance, and that after Espina charged him, Jackson sprayed Espina in the eyes with pepper spray. Jackson explained that he was able to get one handcuff on Espina's left hand but was unable to finish handcuffing him due to Espina's resistance. Jackson testified that he viewed the loose handcuff on Espina's left hand as a deadly weapon.

At some point, Jackson and Espina moved down the stairs to the first floor landing. Jackson testified that as Espina and he were pushing each other, they lost their balance and both fell down the stairs. Jackson further explained that Espina landed face-first on the floor; Jackson landed on top of Espina. Jackson acknowledged that Espina was noticeably bleeding from his face. Jackson testified that he allowed Espina to push himself up. After Espina got up, he charged at Jackson and Jackson began to strike Espina with his baton. According to Jackson, the baton strikes were ineffective, so Jackson placed Espina in an arm lock. Jackson testified that Espina walked with him toward the front door of the building and the struggle continued with pushing and shoving near the mailboxes. While near the front door, Jackson called for backup over his police radio.

Jackson testified that after he finished his call to dispatch, Espina began running downstairs to the lower level. Jackson explained that he grabbed Espina by the shirt and struck him with his baton because he was concerned that Espina might be trying to break into one of the lower level apartments. Espina and Jackson continued fighting into the lower level apartment of Espina's friends, Maria Gamez (“Gamez”) and her daughter, Elvia Rivera (“Rivera”). ⁸ Jackson believed that Espina had forced the apartment door open with the weight of his body. Jackson testified that Espina fell face-first onto the hard floor of Gamez's apartment, but then Espina rolled onto his back and engaged in defensive kicking. Jackson testified that, at that point, he began hitting Espina with his baton with “as much force as [he] could.” Jackson further testified that while he was striking Espina, he felt a blunt force from behind him that caused him to fall onto the couch. Jackson did not see who had struck him. Jackson testified that after he got up from the couch, four to five unidentified men came into the apartment, but he did not know where the men came from; they did not appear to have entered through the door. Espina and one other man attempted to grab the baton from his hand. Jackson and the two men engaged in a struggle for the baton.

Thereafter, according to Jackson, the other men engaged in the struggle and a total of five to seven people pushed at him and grabbed for the baton. Jackson testified that the men were pushing him toward the couch and reaching near his waistband and holster. Jackson testified that he begged the people to stop pushing against him, but they continued to push. According to Jackson, Espina reached toward his service weapon and Jackson feared that he might lose his weapon. Jackson removed his weapon from his belt and pointed the gun at the group of people. Jackson testified that, while he was holding the gun at waist level pointing toward the group of men, he asked everyone to get back and warned that he would shoot, but the members of the group continued reaching for his baton and service weapon. Espina was on his feet and moved toward Jackson, with his hands on Jackson's baton. Espina removed his hands from the baton and Jackson believed that Espina was going to take his service weapon. Jackson testified that, in fear for his life, he leaned his upper body backwards and fired his service weapon, striking Espina in the stomach. Jackson testified that Espina was standing when the fatal shot was fired and remained standing immediately after he was shot.

Jackson testified that after the shooting, the group retreated enough so that he was able to leave the apartment. Jackson attempted to put his foot in the door to keep the door open, but someone inside the apartment pushed the door closed. Jackson went outside of the apartment building and radioed that shots had been fired. Additional backup arrived shortly after the call. Jackson testified that he walked into the apartment with one of the arriving officers. At least two other officers arrived as well, although Jackson could not remember exactly when they arrived. The officers observed a man, who later was identified as Manuel, performing CPR on Espina, who was lying on the floor. Jackson testified that he had no recollection of seeing Estela in the apartment after he returned with the other officers, nor did he see...