Cunningham ex rel Gaines v. Baltimore Cnty.

Summary

The court held that Kodi Gaines was not barred from pursuing his substantive due process claim because the first appellate judgment revived all claims against Corporal Ruby, including that claim. Nevertheless, the court affirmed judgment for Corporal Ruby because qualified immunity applied: at the time of the shooting, no clearly established law showed that accidentally injuring a bystander during an armed standoff violated the Fourteenth Amendment. The court declined to decide whether the shooting actually violated substantive due process because the clearly established-law requirement was dispositive.