(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
(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.