Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action — Subtitle 27
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 3-2701 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 27
§ 3–2701LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
(1)
“Covered officer” means, except as provided in paragraph (2) of this subsection, an officer who may:
(i)
Make an arrest with or without a warrant for violations of the United States Code; and
(ii)
Carry firearms in the performance of the officer’s duties.
(2)
“Covered officer” does not include a law enforcement officer, as defined in § 1–101 of the Public Safety Article, acting under the authority of a joint task force that primarily enforces the United States Code.
(c)
“Law” includes:
(1)
The U.S. Constitution; and
(2)
The laws of the United States.
Md. Code Ann., Cts. & Jud. Proc. § 3-2702 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 27
§ 3–2702LinkCopy Citation
(a)
(1)
An aggrieved party or the Office of the Attorney General may bring an action against a covered officer who, under color of law, deprives the aggrieved party or causes or allows the aggrieved party to be deprived of a right, a privilege, or an immunity secured under the law.
(2)
An aggrieved party or the Office of the Attorney General may seek damages and declaratory and injunctive relief in an action brought under this section.
(b)
A defendant in an action under this section may assert any defense of immunity that was available at the time the cause of action accrued.
(c)
A court may award reasonable fees and costs, including attorney’s fees and expert witness fees, to a prevailing plaintiff under this section.
(d)
(1)
An action under this section shall be filed within 5 years after the cause of action accrued.
(2)
This section may not be construed to abrogate:
(i)
Any State or local government liability under State or common law for the actions of State or local government employees; or
(ii)
Any statutory waiver of any defense, including immunity.