Case law

Simpson v. Moore

323 Md. 215 · Court of Appeals of Maryland · Jul 23, 1991

If, he argues, § 12-106 is “interpreted” to include all of the provisions that were contained in § 5-306 of the Courts Article, he will be able to qualify under the “good cause” and “absence of prejudice” criteria established … The legislature clearly could not have intended such a result.

Livesay v. Baltimore County

384 Md. 1 · Court of Appeals of Maryland · Nov 19, 2004

We have held that the purpose of § 5 — 507(b)(1) “was to codify existing public official immunity, and not to extend the scope of qualified immunity beyond its Maryland common law boundaries.” Lovelace v. … Once it is established that the individual is a public official and the tort was committed while performing a duty which involves the exercise of discretion, a qualified immunity attaches; namely, in the absence of malice

Mayor of Baltimore v. Hooper

312 Md. 378 · Court of Appeals of Maryland · Apr 12, 1988

On 16 November 1984, the Examiner found that Miller had clearly established by a preponderance of the evidence both medical as well as his testimony that he is mentally incapacitated to perform the duties of his job classification … Hooper states that the circuit court, “in its opinion, recognized that sovereign immunity had been abrogated by the Legislature." He urges that this conclusion by the circuit court was not "clearly erroneous."

Adams v. State

202 Md. 455 · Court of Appeals of Maryland · Jun 10, 1953

In this case appellant had testified before the Senate Committee without any claim of immunity from self-incrimination. … The constitutional privilege against the giving of incriminating testimony must be asserted before an im *463 munity is established.

Caffrey v. Department of Liquor Control

370 Md. 272 · Court of Appeals of Maryland · Aug 23, 2002

A record subject to this permissible denial also may qualify for exemption as a "confidential police record” in § 505. … Thus, in so far as a document qualifying as an attorney work product also qualifies for exemption under § 505, the custodian would be permitted to rely on § 505 in withholding that document. 21 .

Muthukumarana v. Montgomery County

370 Md. 447 · Court of Appeals of Maryland · Aug 26, 2002

In its order and opinion, the Circuit Court held that Woodward was “a public official and therefore entitled to qualified immunity from tort liability.” … Whether the Circuit Court erred in ruling, as a matter of law, that PSA Woodward was a public official and thus entitled to qualified immunity. 2.

State v. Rovin

472 Md. 317 · Court of Appeals of Maryland · May 26, 2021

clearly lacked jurisdiction over the matter at issue. … qualified immunity (such as public official immunity).

Barbre v. Pope

402 Md. 157 · Court of Appeals of Maryland · Nov 13, 2007

Pope of his clearly established rights under the Maryland Declaration of Rights to be: (a) free from the use of excessive and unreasonable force; and (b) free from the depravation of life and liberty without due process of … For one thing, the fact that it is an alternative to gross negligence, which also will defeat the qualified immunity, indicates clearly that the Legislature conceived of malice as something beyond the merely reckless or wanton

Freilich v. Upper Chesapeake Health Systems, Inc.

423 Md. 690 · Court of Appeals of Maryland · Dec 19, 2011

Part of Congress’ strategy was to provide qualified immunity for those who discipline ineffective physicians. 16 See 42 U.S.C. § 11111 (a)(1). … . § 11151 (9) and cannot qualify for immunity under HCQIA. 42 U.S.C. § 11111 (a)(1).

Caldor, Inc. v. Bowden

330 Md. 632 · Court of Appeals of Maryland · Jun 9, 1993

The defendant claimed he was entitled to absolute immunity as a witness called to testify before the Commission. … immunity.’ ” Id. at 171 , 498 A.2d at 272 (quoting W.P.

Md.-Nat'l Cap. P. & P. Comm'n v. Crawford

307 Md. 1 · Court of Appeals of Maryland · Jul 16, 1986

The court further found that the Commission's affirmative action plan contained an exception suspending the "one for one" hiring rule when one among several "qualified" applicants for a position was "clearly" more qualified … Crawford as first choice and as clearly more qualified, and she recommended the second choice minority candidate.

Orrison v. Vance

262 Md. 285 · Court of Appeals of Maryland · Jun 1, 1971

the occasion of their utterance he will forfeit his immunity. … Undoubtedly there are many varieties of situations in any of which the conditional or qualified privilege might arise, W.

Reichardt v. Flynn

374 Md. 361 · Court of Appeals of Maryland · May 8, 2003

absolute and qualified immunity from defamation suits. … This is clearly not the type of activity that this Court should encourage and protect by a grant of absolute immunity.

Washington Suburban Sanitary Commission v. Phillips

413 Md. 606 · Court of Appeals of Maryland · May 10, 2010

such immunity for matters within the scope of its responsibilities by allowing WSSC to sue and be sued and to raise revenue to pay judgments. … Rather, an entity may qualify as a State agency for some purposes, while being classified as a local agency for other purposes. See, e.g., Rucker v.

Magnetti v. University of Maryland

402 Md. 548 · Court of Appeals of Maryland · Dec 13, 2007

It is well established that the University is considered to be an arm of the State Government for the purposes of the sovereign immunity doctrine. … Because the University qualifies as a “unit” of the State for the purposes of sovereign immunity, we must discern the extent of the University’s statutory waiver of that immunity.

Charles E. Brohawn & Bros. v. Board of Trustees of Chesapeake College

269 Md. 164 · Court of Appeals of Maryland · May 29, 1973

The doctrine of sovereign immunity or, as it is often alternatively' referred to, governmental immunity, was before this Court in University of Maryland v. … (c) Same — Chairman; secretary and treasurer. — The board of trustees of each regional community college shall annually elect a chairman from among its membership and shall select some qualified person or persons as secretary

Rovin v. State

Court of Appeals of Maryland · Aug 15, 2024

Under the State Constitution, governmental officials do not have qualified immunity when a violation is established. … legal rules that were clearly established at the time it was taken.”

Lovelace v. Anderson

366 Md. 690 · Court of Appeals of Maryland · Dec 3, 2001

“Once it is established that the individual is a public official and the tort was committed while performing a duty which involves the exercise of discretion, a qualified immunity attaches; namely, in the absence of malice … as a private security guard for the hotel, Anderson was clearly not entitled to public official immunity.

Beka Industries, Inc. v. Worcester County Board of Education

419 Md. 194 · Court of Appeals of Maryland · Apr 26, 2011

In order to determine if the doctrine of sovereign immunity applies to the County Board in the underlying contract suit, we ask: “(1) whether the entity asserting immunity qualifies for the protection; and if so, (2) whether … First, we must determine “whether the entity asserting immunity qualifies for its protection.” Stern, 380 Md. at 700 , 846 A.2d at 1001-02 (citation omitted).

Stern v. Board of Regents

380 Md. 691 · Court of Appeals of Maryland · Apr 12, 2004

The test that this Court has utilized in assessing whether the doctrine applies in a particular case is “(1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature has … As the Board is clearly considered a State actor and may raise the defense of sovereign immunity, the next factor to consider is whether the General Assembly has either directly or implicitly waived the Board’s immunity in