BALTIMORE (Legal Newsline) - A federal judge has thrown out wrongful death claims made by the family of Jamaal Taylor, who was fatally shot by Baltimore police in 2019.
Judge Richard Bennett threw out the claims in a Jan. 26 order without prejudice, meaning the estate of Taylor can try to re-file them to cure deficiencies. His ruling is a win for Baltimore County and two officers, Tyler Wise and Chris Brocato.
County police were told Taylor had assaulted several people at Hunt Valley Towne Centre, and body cam footage shows them shooting Taylor while he walked toward traffic and after he refused to drop a knife.
The defendants were accused of failing to handle the situation, specifically Taylor's mental health issues, properly. A five-count complaint charged all three with wrongful death and survival.
Bennett's recent order addresses those claims, not other civil rights arguments. He says the complaint fails to adequately argue the officers and the county acted with actual malice, a requirement for the wrongful death claims.
"And given the officers' belief that Taylor was armed with a weapon, neither does their alleged conduct amount to gross negligence or wonton, willful, or intentional misconduct," the ruling says.
"Accordingly, public official immunity provides further grounds for the dismissal of Counts IV and V as to Defendant Baltimore County, as the (Local Government Tort Claims Act) 'permits the local government to utilize any immunity defense possessed by its employees.'"
According to the plaintiffs' complaint, , filed Sept. 28, Wise and Brocato responded to multiple 911 calls at Shawan Road in Hunt Valley on Sept. 29, 2019.
They claim that the officers had prior knowledge of Taylor's mental illnesses and that they immediately opened fired on him upon arriving.
The plaintiff alleges that Taylor, who was 31 years old and believed to be in possession of a knife, was far enough away that he did not pose a threat to their safety.
The plaintiffs also allege that Taylor was walking slowly away from the officers, which allowed them time to communicate and de-escalate the situation or call the Baltimore County Crisis Response Unit.
The plaintiffs claim that the officers' actions of aggressively escalating the situation by immediately drawing their weapons led to Taylor's death and the violation of his constitutional rights.
The plaintiffs also name several other Baltimore County Police shootings involving those with mental health issues dating back to 2016 and claim the department's lack of officer supervision and training.
The plaintiffs seek monetary relief, trial by jury and all other just relief. They are represented by James Sweeting III of The Law Offices of James Sweeting III in Baltimore.