Title 5. Limitations, Prohibited Actions, and Immunities — Subtitle 5. Immunities and Prohibited Actions -- Governmental
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 5-501 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–501LinkCopy Citation
A civil or criminal action may not be brought against a city or town councilman, county commissioner, county councilman, or similar official by whatever name known, for words spoken at a meeting of the council or board of commissioners or at a meeting of a committee or subcommittee thereof.
Md. Code Ann., Cts. & Jud. Proc. § 5-502 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–502LinkCopy Citation
In addition to the provisions contained in this subtitle, provisions governing the immunity of the State, of its units, and of State personnel are found in Title 12 of the State Government Article.
Md. Code Ann., Cts. & Jud. Proc. § 5-503 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–503LinkCopy Citation
In Montgomery County, the following individuals are not liable to any person for advice or help given in the course of employment in connection with the preparation of a complaint:
(1)
A clerk of any court or an employee of a clerk;
(2)
The Sheriff or a deputy sheriff; or
(3)
An employee of the register of wills.
Md. Code Ann., Cts. & Jud. Proc. § 5-504 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–504LinkCopy Citation
The Alcohol Beverage Services for Montgomery County shall be:
(1)
Immune from all suits for damages; and
(2)
Subject to suit only for the enforcement of contracts made by the Alcohol Beverage Services for Montgomery County.
Md. Code Ann., Cts. & Jud. Proc. § 5-507 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–507LinkCopy Citation
(a)
(1)
An official of a municipal corporation, while acting in a discretionary capacity, without malice, and within the scope of the official’s employment or authority shall be immune as an official or individual from any civil liability for the performance of the action.
(2)
An official of a municipal corporation is not immune from liability for negligence or any other tort arising from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
(b)
(1)
Subject to paragraph (2) of this subsection, a municipal corporation shall provide a defense for an official of the municipal corporation for any act arising within the scope of the official’s employment or authority.
(2)
A municipal corporation shall only provide a defense for an official of the municipal corporation for negligence or any other tort arising from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
Md. Code Ann., Cts. & Jud. Proc. § 5-508 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–508LinkCopy Citation
An officer or director of a public drainage association or public watershed association, while acting in a discretionary capacity, without malice, and within the scope of the officer’s or director’s employment or authority is immune as an official or individual from civil liability for any act or omission.
Md. Code Ann., Cts. & Jud. Proc. § 5-509 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–509LinkCopy Citation
(a)
In this section, “official” includes a member of the governing body of a special taxing district.
(b)
This section applies to a special taxing district that:
(1)
Is a unit of government responsible for an area situated solely within a single county;
(2)
Has a governing body elected independently of the county government;
(3)
Is financed with revenues secured wholly or partly from special taxes or assessments imposed on real property situated in the district;
(4)
Performs municipal services for the residents of the district; and
(5)
Was not created for a limited or special purpose.
(c)
(1)
Subject to paragraph (2) of this subsection, an official of a special taxing district, while acting in a discretionary capacity, without malice, and within the scope of the official’s authority, is immune in an official or individual capacity from civil liability for any act or omission.
(2)
An official of a special taxing district is not immune from liability for negligence or any other tort that arises from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
(d)
(1)
Subject to paragraph (2) of this subsection, a special taxing district shall provide a defense for an official of the special taxing district for any act or omission that is without malice and that arises within the scope of the official’s authority.
(2)
A special taxing district shall provide only a defense for an official of the special taxing district for negligence or any other tort that arises from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
(e)
A special taxing district may spend revenues for the purposes specified in this section.
Md. Code Ann., Cts. & Jud. Proc. § 5-512 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–512LinkCopy Citation
(a)
The Maryland-National Capital Park and Planning Commission may raise the defense of partial governmental immunity for any liability exposure:
(1)
In excess of insurance limits;
(2)
If punitive damages are sought; or
(3)
For any other liability exposure not covered by insurance.
(b)
Nothing in this section may be construed to be a waiver of the Maryland-National Capital Park and Planning Commission’s total governmental immunity.
(c)
This section is intended to include all claims pending on June 1, 1978, provided that an insurance policy to cover such liability was in effect at the time the claim accrued.
Md. Code Ann., Cts. & Jud. Proc. § 5-513 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–513LinkCopy Citation
An action or proceeding may not be prosecuted or maintained against a member of a military court described under Title 13, Subtitle 8 of the Public Safety Article, or an officer or person acting under its authority, or reviewing its proceedings on account of the approval or imposition or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court.
Md. Code Ann., Cts. & Jud. Proc. § 5-514 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–514LinkCopy Citation
Any member of the Financial Review Committee in the Department of Aging acting in good faith and within the scope of the member’s duties is immune from civil liability as a result of those acts.
Md. Code Ann., Cts. & Jud. Proc. § 5-515 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–515LinkCopy Citation
Any member of the Guardianship Advisory Board in the Department of Aging acting in good faith and within the scope of the member’s duties is immune from civil liability as a result of those acts.
Md. Code Ann., Cts. & Jud. Proc. § 5-516 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–516LinkCopy Citation
A county that merely purchases insurance for a lessee or owner of an amusement ride or amusement attraction, under Title 3 of the Business Regulation Article, is immune from liability for personal injury to individuals arising out of the use of the amusement ride or attraction.
Md. Code Ann., Cts. & Jud. Proc. § 5-517 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–517LinkCopy Citation
(a)
A member or employee of a board of supervisors for a soil conservation district is immune from suit in courts of the State and from liability in tort for a tortious act or omission:
(1)
That is within the scope of the public duties of the member or employee;
(2)
That is made without malice or gross negligence; and
(3)
For which the soil conservation district has consented to suit under subsection (b) of this section, even if damages exceed the limits of that consent.
(b)
(1)
The exclusive remedy for a tortious act or omission, for which a member or employee of a board of supervisors for a soil conservation district is immune from suit or liability under subsection (a) of this section, is a suit brought against the appropriate soil conservation district.
(2)
The soil conservation district may not assert the defense of governmental immunity in any suit brought under this section.
(c)
The State Insurance Program administered under Title 12 of the State Government Article for purposes of providing coverage under the Maryland Tort Claims Act shall:
(1)
Govern the limits of liability in any suit brought under this section; and
(2)
Provide funds for the payment of any settlement or judgment entered against the soil conservation district in a suit brought under this section.
Md. Code Ann., Cts. & Jud. Proc. § 5-518 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–518LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer for a county board of education, and that are reimbursed to the volunteer or otherwise paid.
(3)
“County board employee” means:
(i)
Any employee whose compensation is paid in whole or in part by a county board of education; or
(ii)
A student teacher.
(4)
“County board member” means a duly elected or appointed member of a county board of education.
(5)
“Volunteer” means an individual who, at the request of the county board and under its control and direction, provides services or performs duties for the county board without compensation.
(b)
A county board of education, described under Title 4, Subtitle 1 of the Education Article, may raise the defense of sovereign immunity to:
(1)
Any amount claimed above the limit of its insurance policy; or
(2)
If self–insured or a member of a pool described under § 4–105(c)(1)(ii) of the Education Article:
(i)
Except as provided in item (ii) of this item, any amount above $400,000; or
(ii)
If the liability of the county board of education arises from one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:
(1)
Except as provided in item 2 of this item, any amount above $890,000 to a single claimant for the claim or claims; and
(2)
For an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, any amount above $400,000 to a single claimant for the claim or claims.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a county board of education may not raise the defense of sovereign immunity to any claim of $400,000 or less.
(2)
If liability of a county board of education arises under one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:
(i)
Except as provided in item (ii) of this paragraph, the liability may not exceed $890,000 to a single claimant for injuries arising from the claim or claims; and
(ii)
For an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, the liability may not exceed $400,000 to a single claimant for injuries arising from the claim or claims.
(d)
(1)
The county board shall be joined as a party to an action against a county board employee, county board member, or volunteer that alleges damages resulting from a tortious act or omission committed by the employee in the scope of employment, by the county board member within the scope of the member’s authority, or by the volunteer within the scope of the volunteer’s services or duties.
(2)
The issue of whether the county board employee acted within the scope of employment may be litigated separately.
(3)
The issue of whether the county board member acted within the scope of the member’s authority may be litigated separately.
(4)
The issue of whether the volunteer acted within the scope of the volunteer’s services or duties may be litigated separately.
(e)
A county board employee acting within the scope of employment, without malice and gross negligence, is not personally liable for damages resulting from a tortious act or omission for which a limitation of liability is provided for the county board under subsection (b) of this section, including damages that exceed the limitation on the county board’s liability.
(f)
(1)
A county board member, acting within the scope of the member’s authority, without malice and gross negligence, is not personally liable for damages resulting from a tortious act or omission for which a limitation of liability is provided for the county board under subsection (b) of this section, including damages that exceed the limitation on the county board’s liability.
(2)
In addition to the immunity provided under paragraph (1) of this subsection, a county board member is immune as an individual from civil liability for any act or omission if the member is acting:
(i)
Within the scope of the member’s authority;
(ii)
Without malice; and
(iii)
In a discretionary capacity.
(g)
(1)
The provisions of this subsection apply only to a volunteer.
(2)
A volunteer who acts within the scope of the volunteer’s services or duties is not personally liable for damages resulting from a tortious act or omission beyond the limits of any personal insurance the volunteer may have unless:
(i)
The damages were the result of the volunteer’s negligent operation of a motor vehicle; or
(ii)
The damages were the result of the volunteer’s willful, wanton, malicious, reckless, or grossly negligent act or omission.
(3)
The limitations on liability contained in this subsection may not be construed or applied to affect any immunities from civil liability or defenses established by any other provision of the Code or available at common law to which the volunteer may be entitled.
(h)
Except as provided in subsection (e), (f), or (g) of this section, a judgment in tort for damages against a county board employee acting within the scope of employment, a county board member acting within the scope of the member’s authority, or a volunteer acting within the scope of the volunteer’s services or duties shall be levied against the county board only and may not be executed against the county board employee, the county board member, or the volunteer personally.
Md. Code Ann., Cts. & Jud. Proc. § 5-519 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–519LinkCopy Citation
Section 16-107 of the Education Article does not prevent a board of community colleges trustees, described under Title 16, Subtitle 1 of the Education Article, on its own behalf, from raising the defense of sovereign immunity to any amount of a claim in excess of the limit of an insurance policy or in excess of $100,000 in the case of self-insurance.
Md. Code Ann., Cts. & Jud. Proc. § 5-520 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–520LinkCopy Citation
(a)
Notwithstanding any other provision of law, and except as otherwise expressly provided in this section, the State of Maryland Deposit Insurance Fund Corporation shall retain and may raise the defense of sovereign immunity in any action.
(b)
Obligations arising out of a written contract executed by the State of Maryland Deposit Insurance Fund on or after May 18, 1985 may be enforced in accordance with Title 12, Subtitle 2 of the State Government Article.
Md. Code Ann., Cts. & Jud. Proc. § 5-521 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–521LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Department” means the Department of Economic Competitiveness and Commerce.
(3)
“Eligible business” has the meaning stated in § 5–451 of the Economic Development Article.
(4)
“Lender” has the meaning stated in § 5–451 of the Economic Development Article.
(b)
The Department and the State are not liable to any lender for payment of the principal or interest on a loan to an eligible business in accordance with § 5–451 of the Economic Development Article.
Md. Code Ann., Cts. & Jud. Proc. § 5-522 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–522LinkCopy Citation
(a)
Immunity of the State is not waived under § 12–104 of the State Government Article for:
(1)
Punitive damages;
(2)
Interest before judgment;
(3)
A claim that arises from the combatant activities of the State Militia during a state of emergency;
(4)
Any tortious act or omission of State personnel that:
(i)
Is not within the scope of the public duties of the State personnel; or
(ii)
Is made with malice or gross negligence;
(5)
A claim by an individual arising from a single incident or occurrence that exceeds the amount specified in § 12–104 of the State Government Article; or
(6)
A cause of action that law specifically prohibits.
(b)
State personnel, as defined in § 12-101 of the State Government Article, are immune from suit in courts of the State and from liability in tort for a tortious act or omission that is within the scope of the public duties of the State personnel and is made without malice or gross negligence, and for which the State or its units have waived immunity under Title 12, Subtitle 1 of the State Government Article, even if the damages exceed the limits of that waiver.
(c)
The scope of public duties of State personnel shall include, but not be limited to:
(1)
Any authorized use of a State-owned vehicle by State personnel, including, but not limited to, commuting to and from the place of employment; and
(2)
Services to third parties performed by State personnel, as defined by § 12-101 of the State Government Article, in the course of participation in an approved clinical training or academic program.
(d)
In a contract action under Title 12, Subtitle 2 of the State Government Article, the State and its officers and units are not liable for punitive damages.
Md. Code Ann., Cts. & Jud. Proc. § 5-523 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–523LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Comptroller” means the Comptroller of the State.
(3)
“Executive Director” means the Executive Director of the Alcohol and Tobacco Commission.
(b)
If, in good faith and with reasonable grounds, the Comptroller, the Executive Director, or a peace officer of the State seizes contraband property or a conveyance used to transport contraband property under § 13–835 of the Tax – General Article, the Comptroller, Executive Director, or peace officer is not civilly or criminally liable for the seizure.
Md. Code Ann., Cts. & Jud. Proc. § 5-524 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–524LinkCopy Citation
An owner or lessee of any motor vehicle registered under Title 13 of the Transportation Article may not raise the defense of sovereign or governmental immunity, to the extent of benefits provided by the security accepted by the Motor Vehicle Administration under § 17-103 of the Transportation Article, in any judicial proceeding in which the plaintiff claims that personal injury, property damage, or death was caused by the negligent use of the motor vehicle while in government service or performing a task of benefit to the government.
Md. Code Ann., Cts. & Jud. Proc. § 5-525 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–525LinkCopy Citation
(a)
(1)
In this section, “constituent service” includes intervention for individuals or entities that have requests of, or grievances against, any public or private entity or individual.
(2)
“Constituent service” does not include:
(i)
The operation of a motor vehicle or other conveyance; or
(ii)
An act or omission that constitutes a criminal offense.
(b)
A member of a state legislature, including a member of the General Assembly of Maryland, who, in good faith, provides a constituent service is not civilly liable for any act or omission related to the constituent service and within the scope of the public duties of the member.
(c)
This section does not supersede or constitute a waiver of a member’s constitutional, statutory, or common law privileges or immunities.
Md. Code Ann., Cts. & Jud. Proc. § 5-526 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 5. Immunities and Prohibited Actions -- Governmental
§ 5–526LinkCopy Citation
(a)
A member of a state legislature, including a member of the General Assembly of Maryland, who makes a communication on behalf of a constituent is not civilly liable for defamation unless the communication is false and made with knowledge of or in reckless disregard of its falsity.
(b)
This section does not supersede or constitute a waiver of a member’s constitutional, statutory, or common law privileges or immunities.