Judge Dismisses Part of Suit Against Carroll County, MD, Fire Chief

A Carroll County judge dismissed part of a lawsuit against the county and two of its employees Friday afternoon, saying they were not liable for battery in an alleged March 2025 sexual assault.

But the county, which is represented in the lawsuit by County Commissioner Ken Kiler, could still be held liable for workplace harassment.

The lawsuit, filed Oct. 28, centers on the responsibility of the fire chief and the county for David Westbrook, a fire employee accused of improperly touching a woman he supervised. Westbrook is also criminally charged in the incident.

The civil complaint alleges that Chief Michael Robinson of the Department of Fire and Emergency Medical Services and the county should be held liable for battery and workplace harassment after hiring Westbrook without a proper background check.

Judge Brian DeLeonardo ruled Friday on the motion to dismiss, saying Robinson and the county are not liable for battery because they did not perpetrate the alleged assault. DeLeonardo also ruled that Robinson is not liable for workplace harassment because hiring decisions fall on the employer, which is the county.

Neil Hyman, who represents the plaintiff in the lawsuit, discussed potentially amending the complaint to include a negligent hiring charge. However, the county’s governmental immunity may present challenges, which the parties discussed during the hearing.

Attorneys for Carroll County and the accuser declined to comment on the case.

The lawsuit accuses Westbrook of battery. He is also awaiting a criminal trial in Carroll County Circuit Court for the alleged sexual assault, facing second-degree assault and fourth-degree sex offense charges.

The complaint alleges Westbrook was hired in Carroll County without a proper background check after he had an inappropriate relationship with another employee at his former job with the Baltimore County Fire Department.

In April 2025, Westbrook allegedly assaulted the accuser while they were both staying overnight at a Carroll County fire station, touching the woman without consent “in a manner that was harmful,” the complaint says. At the time, Westbrook held supervisory authority over her.

“Defendant Carroll County, specifically through Defendant Robinson, knew or should have known that Defendant Westbrook was likely to commit sexual assault of a female employee in a fire station, based on prior knowledge of similar past acts by Defendant Westbrook,” the complaint states.

Baltimore County spokesperson Erica Palmisano confirmed that Westbrook worked as a fire lieutenant for the county’s fire department and left his position in December 2020, but she did not elaborate on why Westbrook exited the department.

Carroll County conducts background checks on both career and volunteer fire and EMS personnel as part of the hiring process, Robinson said in 2023. These background checks include a review of criminal history, sexual offenses, work history, driving violations and civil court cases.

According to the complaint, Robinson initially hired Westbrook to Carroll County around 2023 as a fire inspector, a position that did not require a background check. Less than a year later, Westbrook was allegedly promoted to fire apparatus driver, which did require a background check.

The complaint alleges that Westbrook told the accuser that Robinson did not have him undergo a background check because Robinson “knew that [Westbrook] would not pass.”

Westbrook’s criminal trial is set to begin Wednesday in Carroll County Circuit Court. His representation in the criminal trial did not immediately respond to a request for comment.

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