BALTIMORE (Legal Newsline) - The city of Baltimore and its police department are being held liable for a settlement between five former members of the department’s Gun Trace Task Force, the estate of William James and Ivan Potts, according to an April 24 court filing.
The officers involved in the case are Evodio Hendrix, Wayne Jenkins, Jemell Rayam, Marcus Taylor and Maurice Ward.
The officers, on duty with the police department’s Gun Trace Task Force, stopped both Potts and James without reasonable suspicion, arrested the men and falsified police reports of each case, according to the court document.
In September 2015, the officers planted a gun on Potts and later falsely testified in the trial, leading to a jury sentencing Potts on March 2, 2016, to eight years imprisonment without parole in the first five years, according to the court document. He was released on April 12, 2017, after approximately 19 months in various Maryland State prison facilities.
In August 2016, the officers falsely alleged James had a handgun that they provided, according to the court document. In custody, James awaited trial for more than seven months, imprisoned until March 24, 2017. During his suit against the officers, department and city, James died in an unrelated incident.
The city and department argued that the officers' actions were outside the scope of employment because their actions were “outrageous, personally motivated and willfully criminal,” according to the court document.
Potts and James’ contended that the actions were within the scope of employment as they were designed to further the interests of the police department and there was no evidence the officers acted to personally benefit themselves since they did not take or receive anything of value from them, according to the court document.
This differs from the Feb. 27, 2017, proceedings where the United States Attorney for the District of Maryland charged the five officers for a wide-ranging, years-long racketeering conspiracy where the officers seized money and drugs, keeping both for themselves, according to the court document.
Since the members will not be able to pay the settlement due to these federal proceedings, the Local Government Tort Claims Act (LGTCA) deems that the mayor, city council and police department are responsible for compensating Potts and James for the officers’ actions by paying a $32,000 settlement Potts, James and the officers agreed upon.
The LGTCA ensures that victims have a remedy, encouraging local governments to prevent abuses of power.
The city and police department are being held liable for the settlement because the Court of Appeals found the officers’ actions were within the scope of employment.