CUNNINGHAM EX REL. GAINES v. BALTIMORE CTY.

No. 9, September Term, 2023.

317 A.3d 1213 (2024)

487 Md. 282

Corey CUNNINGHAM, ON BEHALF OF Kodi GAINES, a Minor, v. BALTIMORE COUNTY, Maryland, et al.

Supreme Court of Maryland.

June 25, 2024.


Attorney(s) appearing for the Case

Argued by Leslie D. Hershfield (Schulman, Hershfield & Gilden, P.A., Baltimore, MD; Timothy F. Maloney, and Alyse L. Prawde of Joseph, Greenwald & Laake, P.A., Greenbelt, MD), on brief, for Petitioners.

Argued by Dorrell A. Brooks, Asst. Cnty. Atty. (Glenn T. Marrow, Deputy Cnty. Atty., James R. Benjamin, Jr., Baltimore Cnty. Atty., and Bradley Neitzel, Asst. Cnty. Atty., of Baltimore County Office of Law, Towson, MD), and Chaz R. Ball, (Schlachman, Belsky, Weiner & Davey, P.A., Baltimore, MD), on brief, for Respondents.

Amici Curiae the American Civil Liberties Union of Maryland, Public Justice Center, and Washington Lawyers' Committee for Civil Rights and Urban Affairs: David R. Rocah, Esquire, Deborah Jeon, Esquire, Dara Johnson, Esquire, Sonia Kumar, Esquire, ACLU of Maryland Foundation, 3600 Clipper Mill Road, Suite 350, Baltimore, MD 21211, Richard A. Simpson, Esquire, Counsel of Record, Wiley Rein LLP, 2050 M St NW, Washington, DC 20036.

Amicus Curiae National Action Network and Rainbow/Push Coalition: José Felipé Anderson, Esquire, Professor of Law, 1420 N. Charles Street, Baltimore, Maryland 21201, Lewyn Scott Garrett, Esquire, 1 East University Parkway, Baltimore, Maryland 21201.

Amicus Curiae National Police Association: David A. Skomba, Esquire, Tamara B. Goorevitz, Esquire, Franklin & Prokopik, P.C., Two North Charles Street, Suite 600, Baltimore, MD 21201, Robert S. Lafferrandre, Esquire, Jeffrey C. Hendrickson, Esquire, Jacob N. Denne, Pierce Couch Hendrickson Baysinger & Green, L.L.P., 1109 North Francis Avenue, Oklahoma City, OK 73106.

Argued before: Fader, C.J., Watts, Hotten, Booth, Biran, Gould, Eaves, JJ.


This appeal comes to us in a challenging posture with a long and tortured procedural history. At the center of the current appeal is petitioner Corey Cunningham's claim on behalf of his minor child, Kodi Gaines,1 for a violation of Kodi's right to substantive due process under the Fourteenth Amendment to the United...

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