Howard v. Crumlin
Howard v. Crumlin
Opinion
Fader, J.
*519 Carolyn Howard, the appellant, presents the question whether a police officer may be held individually liable in tort for failing to make contact with an individual who placed a call for assistance to 911 to which the officer attempted to respond. We hold that Maryland law does not impose individual liability in tort in that circumstance.
In the early morning hours of February 19, 2014, Nicole Sade Enoch was in her *577 apartment in Silver Spring. A male friend of a woman who was staying with Ms. Enoch may have been there as well. Shortly after 2:00 a.m., Ms. Enoch called 911. 2 In response, Montgomery County Police Officer Ben Crumlin was dispatched to the apartment building, attempted to enter, but found the door locked. He left without making contact with Ms. Enoch.
At some point, Ms. Enoch went to the roof of her apartment building and either jumped, fell, or was pushed off. Her body was discovered at 8:20 a.m. and she was pronounced dead at the scene.
Ms. Howard, who is Ms. Enoch's mother, brought suit for herself and on behalf of Ms. Enoch's estate in the Circuit Court for Montgomery County. The operative complaint for our purposes is the Fourth Amended Complaint, in which Ms. Howard brought claims against Officer Crumlin and Montgomery County Chief of Police J. Thomas Manger for negligence and wrongful death. 3 Ms. Howard alleged that Officer Crumlin and Chief Manger owed a duty to Ms. Enoch that they breached by failing to investigate the 911 call, protect Ms. Enoch, enter the building and make contact with Ms. Enoch, maintain proper policies and procedures for responding to 911 calls, provide adequate training for responding to 911 calls, and monitor the response of officers to 911 calls.
*521 According to the complaint, these failures were the direct and proximate cause of Ms. Enoch's death.
The circuit court dismissed the claims against Officer Crumlin and Chief Manger on the ground that those defendants did not owe a duty to Ms. Enoch that was enforceable in tort. We affirm.
DISCUSSION
"[T]he standard of review of the grant or denial of a motion to dismiss is whether the trial court was legally correct."
Blackstone v. Sharma
,
This appeal centers on two different legal doctrines that are distinct but too often confused: the public duty doctrine and public official immunity. 4 Each independently *578 requires a ruling in favor of Officer Crumlin and Chief Manger. We discuss them in turn.
I. MS. HOWARD'S ALLEGATIONS FAIL TO SHOW THAT OFFICER CRUMLIN OR CHIEF MANGER OWED A DUTY TO MS. ENOCH THAT CAN BE ENFORCED IN TORT.
The public duty doctrine provides that statutory or common law duties imposed on public officials or entities that
*522
are duties "to the public as a whole," and not to any particular group or individual, are unenforceable in tort.
Cooper v. Rodriguez
,
The seminal case applying the public duty doctrine is
Ashburn v. Anne Arundel County
,
The Court of Appeals held that Mr. Ashburn had failed to establish that the officer "owed him a duty in tort."
The Court in
Ashburn
explained the rationale for this doctrine, borrowing approvingly from the District of Columbia Court of Appeals's decision in
Morgan v. District of Columbia
,
An exception to the public duty doctrine lies when a public official creates a special relationship with the victim "upon which [the victim] relied."
Two other public duty doctrine cases are especially important to our analysis here. In
Muthukumarana v. Montgomery County
,
Even more informative for our purposes is
McNack v. State
,
Ms. Howard argues that the public duty doctrine does not apply here because Officer Crumlin created a special relationship with Ms. Enoch when he responded to the 911 call and, in doing so, "undertook the duty to act on Ms. Enoch's behalf." That argument is foreclosed by
McNack
. There, the Court of Appeals held that a series of 911 calls and police responses had not created a special relationship between the police and the family because there was no affirmative action by the police to provide any more protection to the family than to the public at large and no action that induced the family to rely on police protection.
Ms. Howard's claim against Chief Manger fails for the same reasons. The sole factual allegation in the Fourth Amended Complaint related to Chief Manger is that he "was the chief of police employed by the Montgomery County Police Department." The complaint does not allege any facts that *526 would demonstrate that Chief Manger owed any duty to Ms. Enoch specifically, as opposed to the public at large. 5
In the absence of a duty owed to Ms. Enoch, there can be no liability in tort to her. Because the allegations of the complaint fail to identify any duty owed by Officer Crumlin or Chief Manger to Ms. Enoch, the circuit court was correct to dismiss Ms. Howard's claims against them. 6
II. EVEN IF THEY OWED A DUTY, OFFICER CRUMLIN AND CHIEF MANGER ARE PROTECTED BY PUBLIC OFFICIAL IMMUNITY.
Even if Ms. Howard could succeed in establishing that Officer Crumlin and Chief Manger had owed a duty to protect Ms. Enoch, her claim would still fail because the officers are entitled to common law public official immunity. Public official immunity protects public officials-including police officers-who perform negligent acts during the course of their discretionary, as opposed to ministerial,
*581
duties.
Cooper
,
First, Ms. Howard has not identified a ministerial act as to which Officer Crumlin's performance was allegedly deficient. The Court of Appeals explored the difference between ministerial and discretionary acts in
James v. Prince George's County
,
Here, Officer Crumlin's action at issue is his alleged failure to investigate further when he found that the entry to Ms. Enoch's apartment building was locked. That action-a police officer's determination regarding what degree of action or investigation might be necessary in responding to a particular situation-is a paradigmatic case of an action involving the exercise of personal judgment in determining the manner in which the State's police power will be utilized. It is akin to the decision of the officer in
Ashburn
whether to detain the drunk driver.
Ms. Howard argues that this is not so because "[w]hether to make contact with a 911 caller before leaving a scene is not a judgment call such that it falls within the discretion of the responding police officer." Instead, she contends, "this is a ministerial act that must be complied with," a fact she believes she may be able to prove in discovery, if allowed. However, she does not allege a single fact in the Fourth Amended Complaint or even in her appellate briefs that would support such a claim and at oral argument she conceded that there would be times when a responding officer would not be required to make contact with a 911 caller, including when-presumably in the judgment of the officer-the 911 caller could not be found. Moreover, even if Ms. Howard had alleged
*582
in her complaint that the Montgomery County Police Department had a "hard and fast rule" requiring in every case that a responding police officer make contact with a 911 caller before leaving the scene-which she did not-such a bald, conclusory statement could not defeat a motion to dismiss.
Davis v. Frostburg Facility Ops., LLC
,
Second, Ms. Howard asserts that Officer Crumlin's and Chief Manger's actions may have constituted gross negligence and that she should be afforded the opportunity to take discovery to find out. Once again, however, these contentions *529 fail both because (1) the Fourth Amended Complaint does not allege gross negligence and (2) the assertions made on appeal, even if they had been contained in the complaint, are bald and conclusory and, therefore, insufficient to survive a motion to dismiss.
Gross negligence is "an intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another, and also implies a thoughtless disregard of the consequences without the exertion of any effort to avoid them."
Cooper
,
Even if Ms. Howard had successfully identified a duty Officer Crumlin and Chief Manger owed specifically to Ms. Enoch, they would still be protected by public official immunity. For that reason as well, the circuit court did not err in dismissing the Fourth Amended Complaint as to Officer Crumlin and Chief Manger.
JUDGMENTS AFFIRMED. COSTS TO BE PAID BY APPELLANT.
We are reviewing the grant of a motion to dismiss. In doing so, we accept as true the facts stated in the operative complaint, do not consider any facts other than those stated in that complaint, and construe all inferences in favor of Ms. Howard.
Davis v. Frostburg Facility Ops., LLC
,
The Fourth Amended Complaint does not contain any information about the content of the 911 call.
The Fourth Amended Complaint also brought negligence and wrongful death claims against the owner and manager of Ms. Enoch's apartment building. Those claims are not at issue here.
In her briefs, Ms. Howard conflates public official immunity with the public duty doctrine. By failing to distinguish between the two, she treats all three of her arguments-that Officer Crumlin was engaged in a ministerial, not a discretionary, act; that he created a special relationship with Ms. Enoch; and that he may have acted with gross negligence-as reasons why Officer Crumlin is not entitled to immunity. She does this in reliance on
Williams v. Mayor & City Council of Baltimore
, in which the Court of Appeals discussed the two doctrines together and referred to the special relationship exception as negating immunity.
In light of our decision in favor of Chief Manger on other grounds, we do not discuss here the appellees' claim that the naming of Chief Manger as a defendant in the Fourth Amended Complaint was improper because it exceeded the scope of the leave the circuit court granted Ms. Howard in filing that complaint.
Ms. Howard asserts that if a tort suit cannot be brought in this circumstance, then "police officers do not have a standard of care to follow." As discussed above, however, that is not the case. To the contrary, the Court of Appeals, joining the majority of other courts of last resort, has made a considered determination that the standard of care for police officers is best enforced through disciplinary proceedings and, if appropriate, criminal prosecution.
Ashburn
,
As noted, the Fourth Amended Complaint does not contain any factual allegations at all with respect to Chief Manger's actions. To the extent that Ms. Howard intends to hold him responsible for the development of policies and procedures and for training Officer Crumlin, those are also discretionary, not ministerial, activities.
Reference
- Full Case Name
- Carolyn HOWARD v. Ben CRUMLIN, Et Al.
- Cited By
- 16 cases
- Status
- Published