§ 12–308
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Gov't § 12-308 (2026)
Title 12. Immunity and Liability
Subtitle 3
§ 12–308LinkCopy Citation
(a)
If an action or special proceeding against a State officer or State employee in which the Attorney General has declined representation under § 12-304(b)(1) of this subtitle results in final judgment, the court or jury shall find whether:
(1)
the defense of sovereign immunity is available to the officer or employee;
(2)
the officer or employee was acting within the scope of the employment of the officer or employee;
(3)
the alleged act or omission was malicious; and
(4)
the alleged act or omission was grossly negligent.
(b)
A jury shall make the findings by written, special verdict.