District of Columbia v. Coleman
District of Columbia Court of Appeals
667 A.2d 811 (1995)
- Written by Mary Phelan D'Isa, JD
Facts
Detective David Pigford (Detective Pigford), a resident of Maryland and District of Columbia police detective, was temporarily in Maryland when he was on duty and intervened in an apparent assault and shot and killed one of the assailants, Michael Ramseur, also a resident of Maryland. Ramseur’s mother, Shirley Coleman (plaintiff), filed suit on behalf of Ramseur’s estate against the District of Columbia, (District), (defendant), on a respondeat superior theory, alleging that Detective Pigford had committed assault and battery and had acted negligently in shooting Ramseur. The trial court, applying District law that would not allow the defenses of contributory negligence and assumption of risk in a case alleging that a District police officer violated a District statute and police regulation concerning the use of excessive force, refused the District’s request for an instruction on the affirmative defenses of contributory negligence and assumption of risk. The jury found that Detective Pigford had not committed assault and battery but that he had acted negligently in shooting Ramseur. The District appealed and argued that the trial court erred by not applying Maryland law on the issues of contributory negligence and assumption of risk.
Rule of Law
Issue
Holding and Reasoning (Steadman, J.)
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