Potts v. Baltimore City Police Department

Litigation Content

ICAP successfully represented Ivan Potts, a Baltimore man who was wrongfully convicted and incarcerated after three Baltimore Gun Trace Task Force (GTTF) officers assaulted and planted a handgun on him. The central legal issue in the civil suit was whether the Baltimore City Police Department (BPD) could be held financially liable for the officers’ egregious misconduct or if it could avoid payment by claiming the officers were acting outside the “scope of employment” when they committed their crimes.

In a groundbreaking decision in April 2020, the Maryland Court of Appeals held that even though the officers’ actions were willfully criminal and malicious, they were still acting within the scope of their employment because their conduct—stopping, searching, and arresting individuals—was “interwoven” with their authorized police duties. This victory ensured that victims of police corruption could actually collect the judgments and settlements they are owed, while also establishing that the BPD could not shirk responsibility for the “toxic culture” that operated within the GTTF for years.


More of our cases

Singleton v. Taylor

ICAP filed a brief opposing the Supreme Court review of a decision striking down Alabama's anti-panhandling laws as violations of the First Amendment's free speech protections.

Status

Cert denied

Court

U.S. Supreme Court No. 25-368

View

Fitzhugh v. Patton

ICAP successfully opposed Supreme Court review of a decision allowing pretrial detainees to bring Fourteenth Amendment claims challenging unconstitutional conditions of confinement.

Status

Cert denied

Court

U.S. Supreme Court No. 25-50

View

Rohrer v. City of Gastonia

ICAP represents Joshua Rohrer, a disabled, formerly unhoused veteran, in a federal civil rights lawsuit against the City of Gastonia and current or former members of its police department.

Status

Litigation stayed

Court

W.D.N.C. No. 23-cv-396

View

Frazier v. Prince George’s County

ICAP represents a class of current and former pretrial detainees in a constitutional challenge to the bail system in Prince George’s County, Maryland.

Status

Briefing is ongoing

Court

4th Circuit No. 24-1380

D. Md. No. 22-cv-01768

View
See all cases