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Maryland Code, State Government § 12-308

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, State Government § 12-308 - last updated January 01, 2025 | https://codes.findlaw.com/md/state-government/md-code-state-govt-sect-12-308/

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