Nicholson v. Durant

Docket: 24-1789

Opinion Date: December 18, 2025

Judge: Roger Gregory

Areas of Law: Civil Rights, Personal Injury

A sixteen-year-old boy and his friend were waiting for transportation under a carport near the boy’s home when they were approached by an off-duty Baltimore City police officer who had just returned from firearms training. The officer, dressed in plain clothes and carrying a loaded handgun, questioned the boys about their presence in the neighborhood. After a brief exchange, the officer brandished his gun at “low ready,” causing the boys to fear for their lives. The incident had a lasting traumatic effect on the boy, resulting in emotional distress, behavioral changes, and ultimately leading him to attend a boarding school to distance himself from the event.

The boy filed suit under 42 U.S.C. § 1983 and Maryland state law against the officer, the Baltimore Police Department, the Mayor and City Council of Baltimore, and the State of Maryland. All claims against the institutional defendants were dismissed by the United States District Court for the District of Maryland, and some claims against the officer were dismissed at summary judgment. At trial, the district court submitted to the jury both constitutional claims and state law gross negligence claims, including gross negligence in the officer’s capacity as a private person. The jury found for the officer on constitutional claims but found him grossly negligent as a private person, awarding $250,000 in compensatory damages for emotional harm. The officer moved to alter or amend the judgment or for a new trial, arguing lack of notice on the private person claim and excessiveness of damages, but the district court denied the motion.

On appeal, the United States Court of Appeals for the Fourth Circuit affirmed. The court held that the complaint sufficiently alleged gross negligence as a private person and that the officer had notice of this claim. The court rejected the officer’s arguments regarding supplemental jurisdiction, plain error in jury instructions, and excessiveness of damages, finding no abuse of discretion or plain error by the district court. The judgment was affirmed.