In this subtitle the following words have the meanings indicated. “Covered officer” means, except as provided in paragraph (2) of this subsection, an officer who may: Make an arrest with or without a warrant for violations of the United States Code; and Carry firearms in the performance of the officer’s duties. “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. “Law” includes: The U.S. Constitution; and The laws of the United States.

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. 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. 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. A court may award reasonable fees and costs, including attorney’s fees and expert witness fees, to a prevailing plaintiff under this section. An action under this section shall be filed within 5 years after the cause of action accrued. This section may not be construed to abrogate: Any State or local government liability under State or common law for the actions of State or local government employees; or Any statutory waiver of any defense, including immunity.