Cunningham ex rel Gaines v. Baltimore Cnty.

Summary

The court held that Kodi’s substantive due process claim was not waived because the prior appellate court’s blanket reversal revived it, and the later challenge concerned an issue first decided on remand. The court nevertheless affirmed judgment for Corporal Ruby because qualified immunity barred the claim: at the time of the shooting, existing law did not clearly establish that his conduct violated Kodi’s Fourteenth Amendment rights. The court did not decide whether the shooting actually violated substantive due process because it resolved the case at the clearly-established-law step.