Updated at 4:40 p.m. on Dec.18: A wrongful death and negligence lawsuit brought against a Montgomery County police officer has been dismissed by Maryland’s second highest court.
The mother of a woman who was found dead outside her Silver Spring apartment nearly five years ago claimed the officer didn’t do enough to check on her daughter after a 911 call was placed from her apartment.
Last month’s ruling was the second loss for Carolyn Howard, who alleged Officer Ben Crumlin should be held liable for the death of her daughter, Nicole Sade Enoch. Her first case was dismissed in Montgomery County Circuit Court.
Crumlin was dispatched to the apartment building of Nicole Sade Enoch following a 911 call but a locked door prevented him from entering the building, according to the case heard by Maryland’s Court of Special Appeals.
Crumlin was unable to make contact with Enoch, who at some point went to the roof of the building and jumped, fell or was pushed off, according to court documents.
Enoch was found at 8:20 a.m. on Feb. 19, 2014, and pronounced dead.
Crumlin followed protocol regarding the situation and is still employed by county police, spokesman Capt. Tom Jordan said.
The department continues to thoroughly investigate all 911 calls, Jordan said.
“An officer’s determination regarding what degree of action or investigation might be necessary in responding to a 911 call is a paradigmatic case of a discretionary action involving the exercise of personal judgment in determining the manner in which the State’s police power will be utilized,” Judge Matthew Fader said in his opinion.
Howard’s attorney Christopher Nace said he would be filing a writ with the Maryland Court of Appeals, the highest court in the state.