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§ 5-522. State personnel

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: March 14, 2016

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 5. Immunities and Prohibited Actions--Governmental (Refs & Annos)
Effective: March 14, 2016
MD Code, Courts and Judicial Proceedings, § 5-522
§ 5-522. State personnel
Immunity of State not waived
(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.
Immunity for tortious acts or omissions within scope of public duties
(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.
Scope of public duties
(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.
Punitive damages
(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.

Credits

Added as Courts and Judicial Proceedings § 5-399.2 by Acts 1990, c. 546, § 3. Amended by Acts 1995, c. 437, § 2, eff. July 1, 1996; Acts 1996, c. 476, § 1, eff. Oct. 1, 1996. Renumbered as Courts and Judicial Proceedings § 5-522 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2000, c. 61, § 1, eff. April 25, 2000; Acts 2016, c. 8, § 1, eff. March 14, 2016.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2000 Legislation
Acts 2000, c. 61, § 1, made technical corrections to the Code.
2016 Legislation
Acts 2016, c. 8, § 1, in (a)(5), substituted “the amount specified in § 12-104 of the State Government Article” for “$200,000”.
MD Code, Courts and Judicial Proceedings, § 5-522, MD CTS & JUD PRO § 5-522
Current through all legislation from the 2017 Regular Session of the General Assembly
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