2014 Maryland Code
State Government
Title 12 - Immunity and Liability
Subtitle 3 - Actions Against State Officers and State Employees
Part II - Civil Actions and Special Proceedings
§ 12-308. Required findings
(a) In general. -- If an action or special proceeding against a State officer or State employee in which the Attorney General has declined representation under ยง 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) Special verdict. -- A jury shall make the findings by written, special verdict.
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