Protecting Your Right To Sue The Police In Maryland
When a police officer commits an act of misconduct or uses excessive force you may have a basis for a lawsuit. These types of cases are extraordinarily complex, lengthy and expensive to litigate. You need a lawyer with knowledge of both Federal and Maryland law to reach a successfull outcome. However, a case can be destroyed before it is ever litigated if certain time-based procedural requirements are not met. To protect your legal right to file suit, you must keep 4 very important deadline in mind as you consider suing the police in Maryland.
- Statute of Limitations
- Notice Requirement of the Federal Torts Claim Act
- Notice Requirement of the Maryland Torts Claim Act
- Notice Requirement of the Local Government Tort Claims Act (LGTCA)
Statute of Limitations
A statute of limitations is a state law that sets a strict time limit on a plaintiff’s right to file a case in civil court. When a plaintiff misses the cutoff date, the defendant can use the statute of limitations as a defense against any civil lawsuit has been filed. If the defendant establishes that the statute of limitations applies and has indeed “run,” the court will normally dismiss the case, unless some rare exception applies to extend the filing deadline.
Every state provides for a certain time limit from the date of the harm or awareness in which a plaintiff must bring any claim for damages. In calculating a statute of limitations, generally the time starts when the claim arises. This has is referred to as the “accrual” of the “cause of action”. It’s the moment that a plaintiff has a legal basis to sue. (Certain events and circumstances can pause or “toll” statutes of limitations and therefore lengthen the time period for brigning a claim.)
Statutes of limitations can vary from state to state, and from state court to federal court. They also vary depending on the kind of case you want to file, or the subject matter of the lawsuit. It is also imporatant to know there is a difference in statute of limitations time limits for criminal actions and civil lawsuits.
For instance, in Maryalnd…
Notice Requirements of the Federal Torts Claim Act (FTCA)
The Federal Torts Claims Act mandates requires that……
Notice Requirements of the Maryland Torts Claims Act (MCTA)
The Maryland Tort Claims (“MTCA”) Act mandates that a person alleging injury by a state agency submit a written claim to the Treasurer or designee of the treasurer within one year after the injury to person or property damaged. Put plainly, to comply with the Maryland Tort Claims Act, a plaintiff must serve written notice upon the State Treasurer, or a designee of the State Treasurer, within one year following the injury.
Compliance with the Statute
The notice must state in writing the nature and basis of the claim in general terms. When making this notice it important to be concise while providing details such as the date and place of the alleged act of negligence. The notice should give the name and address of the related parties and their attorneys. You should also include your demand.
Notice Requirements of the Maryland Local Government Tort Claim Act (LGTCA)
The Maryland Local Government Tort Claims Act (“LGTCA”) provides that an action for unliquidated damages may not be brought against a local government or its employees unless the notice of the claim required by this section is given within one year after the injury. The notice required must be in writing and must “state the time, place, and cause of the injury.
In theory, the notice requirement exists to provide a warning of a potential claim against a local government at a time when it can conduct an investigation while the evidence and the recollection of the witnesses are still fresh.
So for both the Maryland Local Government Tort Claims Act or the Maryland Tort Claims Act, you required to provide the correct defendant specified notice of the claim if the defendant is either a local government or someone acting as an agent or servant of a local government.
The Maryland Local Government Tort Claims Act (LGTCA) defines “local governments” in broad terms to include counties, municipalities and miscellaneous governmental entities such as public libraries, community colleges, and other things you might not naturally assume are governmental entities.
Then there is the problem of figuring out just who you notify and how you notify them. The answers are often counterintuitive. County sheriffs? They sound like local government, don’t they? But they are state officials. Accordingly, proper notice must be given to the state. Likewise, the Baltimore Police Department is a state agency. But its employees are covered under the LGTCA.
Another good thing to remember is that compliance with the LGTCA is a condition precedent to bringing a lawsuit. This means that it is a substantive part of the claim and you need to allege compliance with the notice requirement in the complaint.
Adding to the confusion, the law changes frequently. The Maryland General Assembly has modified the MTCA or the LGTCA in nearly every year since 1981. Which is a good segue to point out that you should not rely on any information contained on this website about the rules governing claims against state and local governments in Maryland. If you have a claim or you are a Maryland lawyer not well versed in the nuances of these statutes, you really need to speak to an experienced counsel as soon as possible.