Cunningham ex rel Gaines v. Baltimore Cnty.

Summary

The Court held that Kodi Gaines was not barred by waiver from pursuing his substantive due process claim because the prior appellate reversal revived the claim, and the later challenge concerned the sufficiency ruling made on remand. The Court nevertheless affirmed judgment for Corporal Ruby because qualified immunity applied: at the time of the shooting, no clearly established law showed that shooting at Kodi’s mother during the armed standoff, when Kodi was not in the direct line of fire, violated Kodi’s Fourteenth Amendment substantive due process rights. The Court distinguished Kodi’s claim from the Fourth Amendment excessive-force claim litigated on behalf of his mother.