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§ 5-302. Legal defense for local government employees

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 3. Local Government Tort Claims (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-302
§ 5-302. Legal defense for local government employees
Currentness
In general
(a) Each local government shall provide for its employees a legal defense in any action that alleges damages resulting from tortious acts or omissions committed by an employee within the scope of employment with the local government.
Employee liable for acting with actual malice
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not execute against an employee on a judgment rendered for tortious acts or omissions committed by the employee within the scope of employment with a local government.
(2)(i) An employee shall be fully liable for all damages awarded in an action in which it is found that the employee acted with actual malice.
(ii) In such circumstances the judgment may be executed against the employee and the local government may seek indemnification for any sums it is required to pay under § 5-303(b)(1) of this subtitle.
Injuries compensable under Maryland Workers’ Compensation Act
(c) If the injury sustained is compensable under the Maryland Workers' Compensation Act,1 an employee may not sue a fellow employee for tortious acts or omissions committed within the scope of employment.
Cooperation of employee
(d)(1) The rights and immunities granted to an employee are contingent on the employee's cooperation in the defense of any action.
(2) If the employee does not cooperate, the employee forfeits any and all rights and immunities accruing to the employee under subsection (b) of this section.

Credits

Added as Courts and Judicial Proceedings § 5-402 by Acts 1987, c. 594, § 1, eff. July 1, 1987. Amended by Acts 1988, c. 6, § 1, eff. Feb. 18, 1988; Acts 1991, c. 21, § 3, eff. Oct. 1, 1991. Renumbered as Courts and Judicial Proceedings § 5-302 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 1997, c. 14, § 20, eff. April 8, 1997.

Footnotes

1
Labor and Employment, § 9-101 et seq.
MD Code, Courts and Judicial Proceedings, § 5-302, MD CTS & JUD PRO § 5-302
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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