Cooper v. Rodriguez
August 5, 2020
This action surrounds the murder of an inmate by another inmate during a ride on a prison transport bus that was staffed by five correctional officers. On appeal, the issue(s) faced by the Court of Appeals were whether the correctional officer who was in charge of the bus was grossly negligent and, if so, whether he was entitled to immunity under the Maryland Tort Claims Act and the common law public official immunity. The Court concluded that the correctional officer was not entitled to common law public immunity because the entitlement to common law public official immunity is precluded by a finding of gross negligence. Due to the Court’s conclusion that the correctional officer had acted with gross negligence, the officer was not entitled to immunity under the Maryland Tort Claims Act or common law public official immunity.
Cooper v. Rodriguez, No. 87 (Md. Ct. Appeals, July 27, 2015).