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IN THE COURT OF APPEALS OF MARYLAND

No. 113

September Term, 1996

ERIC BOBO v. STATE OF MARYLAND

Bell, C.J. Eldridge Rodowsky Chasanow Karwacki Raker Wilner JJ.

Opinion by Karwacki, J.

Filed: August 22, 1997

This case presents the novel question of whether there exists a cause of action against personnel employed in the Office of the Clerk of the District Court of Maryland for damages arising from the wrongful arrest and detention of an individual on a bench warrant that had already been served upon the offending party. The trial court ruled that petitioner, Eric Bobo, had not stated a cause of action in negligence and dismissed the case on the State's motion. For reasons to be discussed below, we agree with that judgment and shall affirm the dismissal of Bobo's claims.

I. In considering a motion to dismiss for failure to state a cause of action pursuant to Maryland Rule 2-322(b)(2), a trial court must assume the truth of all well-pleaded relevant and material facts in the complaint, as well as all inferences that reasonably can be drawn therefrom. Stone v. Chicago Title Ins. Co., 330 Md. 329, 333, 624 A.2d 496, 498 (1993); Odyniec v. Schneider, 322 Md. 520, 525, 588 A.2d 786, 788 (1991). To this end, the facts comprising the cause of action must be pleaded with sufficient specificity. Bald assertions and conclusory statements by the pleader will not suffice. Continental Masonry Co. v. Verdel Constr. Co., 279 Md. 476, 481, 369 A.2d 566, 569 (1977). Further, while the words of a pleading will be given reasonable construction, when a pleading is doubtful and ambiguous, it will be construed most strongly against the pleader in determining its sufficiency. Hixon v. Buchberger, 306 Md. 72, 75, 507 A.2d 607, 608 (1986); Read Drug & Chem. Co. v. Colwill Constr. Co., 250 Md. 406, 416, 243 A.2d 548, 555 (1968).

Dismissal is proper only if the alleged facts and permissible inferences, so viewed, would, if proven, nonetheless fail to afford relief to the plaintiff. Morris v. Osmose Wood Preserving, 340 Md. 519, 531, 667 A.2d 624, 630 (1995). On appeal, a reviewing court must determine whether the trial court was legally correct, examining solely the sufficiency of the pleading.

II. Bobo filed suit in the Circuit Court for Baltimore City against the State of Maryland, sounding in negligence under the Maryland Tort Claims Act, Maryland Code (1973, 1989 Repl. Vol., 1995 Supp.),

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