Maryland State Government Section 12-308

      (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.