Case law

Maryland Attorney General Opinion 102OAG016

Maryland Attorney General Reports · Dec 4, 2017

Att’y In our view, the qualified offer provisions are not severable from the immunity provisions. … Section 6-828—which Dackman invalidated— establishes the elevated blood lead levels at which the owner must be provided notice and the “opportunity to make a qualified offer under § 6-831.”

(2008)

93 Op. Att'y Gen. 68 · Maryland Attorney General Reports · May 1, 2008

Qualified Immunity under the Maryland Tort Claims Act The Maryland Tort Claims Act ("MTCA") provides a qualified immunity that protects a State officer or employee from claims based on "a tortuous act or omission that is … hold that a settlement officer is entitled, at a minimum, to qualified immunity and probably to absolute quasi-judicial immunity.

(2006)

91 Op. Att'y Gen. 201 · Maryland Attorney General Reports · Oct 17, 2006

In our opinion, a private attorney who provides pro bono legal services to an indigent client who has qualified for representation by the Public Defender enjoys the same immunity from liability under the MTCA as an Assistant … III Conclusion In our opinion, a private attorney who provides pro bono legal services to an indigent client who has qualified for representation by the Public Defender enjoys the same immunity from liability under the MTCA

Statutes Severability – Lead Poisoning Prevention – "Qualified Offer" Provisions of Reduction of Lead Risk in Housing Act are Not Severable from the Immunity Provisions Invalidated in Jackson v. Dackman

Maryland Attorney General Reports · Dec 6, 2017

Att’y In our view, the qualified offer provisions are not severable from the immunity provisions. … Section 6-828—which Dackman invalidated— establishes the elevated blood lead levels at which the owner must be provided notice and the “opportunity to make a qualified offer under § 6-831.”

(2008)

93 Op. Att'y Gen. 168 · Maryland Attorney General Reports · Dec 23, 2008

The Divestiture Law sets forth a divestment process, qualifies that process by reference to federal law and the Board's fiduciary duties, and provides immunity for actions taken under the statute in good faith. 1 Divestment … See 93 Opinions of the Attorney General 68, 73, 78 (2008) (describing qualified immunity under the Maryland Tort Claims Act and public official immunity as to claims under 28 U.S.C. § 1983 ). 18 With respect to your particular

(1996)

81 Op. Att'y Gen. 207 · Maryland Attorney General Reports · Jan 17, 1996

. § 1983 , the sheriff or deputy sheriff may assert qualified or "good faith" immunity if the transport were authorized by statute. If not, no immunity would be available. … Under this form of immunity, government officials are not subject to damages liability for the performance of their discretionary functions when "their conduct does not violate clearly established statutory or constitutional

(1997)

82 Op. Att'y Gen. 23 · Maryland Attorney General Reports · Jan 6, 1997

Similarly, the Court may include in the rule another well-established basis for absolute immunity: prosecutorial immunity. In Imbler v. … If this framework for prosecutorial immunity were applied to disciplinary matters, Bar Counsel would only be entitled to qualified immunity under the common law.

(2000)

85 Op. Att'y Gen. 132 · Maryland Attorney General Reports · May 24, 2000

"The applicability of sovereign immunity in a particular case . . . turns on: (1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature has waived immunity, either directly … such as IN §§ 4-302 et seq ., clearly do not apply to MAIF.

(1996)

81 Op. Att'y Gen. 232 · Maryland Attorney General Reports · Feb 20, 1996

to avoid the duty to defend or indemnify an employee established in this subsection. … Qualified Immunity For Public Officials The State's Attorneys' Coordinator is not entitled to assert immunity enjoyed by a public official.

Maryland Attorney General Opinion 105OAG003

Maryland Attorney General Reports · Jan 10, 2020

thus it may provide immunity only in cases where the physician could not be found liable in any event. … If the words of the statute, read in context, are both “unambiguous and clearly consistent with the statute’s apparent purpose,” our inquiry usually ends there. Id.

(2001)

86 Op. Att'y Gen. 193 · Maryland Attorney General Reports · Aug 23, 2001

The application of the doctrine in a particular case depends on: (1) whether the entity asserting immunity qualifies for its protection; and (2) whether the General Assembly has waived immunity, either directly or by necessary … Nothing in the statute establishing the Office of People's Counsel demonstrates any intent by the Legislature to waive immunity generally as to the Office.

Maryland Attorney General Opinion 96 OAG 076

Maryland Attorney General Reports · Oct 5, 2011

The Coordinator is to establish and implement training programs for State’s Attorneys and their staffs, devise uniform reporting procedures for gathering statistical information related to the prosecutorial function, and … Fitzsimmons, 509 U.S. 259, 269 (1993).5 With respect to coverage under the Maryland Tort Claims Act, it is our view that an individual appointed as a Special Assistant State’s Attorney will qualify for coverage under

(2011)

96 Op. Att'y Gen. 75 · Maryland Attorney General Reports · Oct 5, 2011

The Coordinator is to establish and implement training programs for State's Attorneys and their staffs, devise uniform reporting procedures for gathering statistical information related to the prosecutorial function, and … Fitzsimmons , 509 U.S. 259 , 269 (1993). 5 With respect to coverage under the Maryland Tort Claims Act, it is our view that an individual appointed as a Special Assistant State's Attorney will qualify for coverage under the

(2005)

90 Op. Att'y Gen. 92 · Maryland Attorney General Reports · Jun 27, 2005

Whether CP § 2-104 applies to an NSA police officer depends on whether that officer qualifies as a "federal law enforcement officer." … However, an officer would have no official immunity from liability for such an action.

(1998)

83 Op. Att'y Gen. 3 · Maryland Attorney General Reports · Dec 21, 1998

However, in the intervening half-century, the Supreme Court has elaborated and qualified that doctrine. The key elements of the current analysis were established in California Retail Liquor Dealers Assn. v. … Duffy , 479 U.S. 335 (1987), the Court found that while the New York state legislature had clearly adopted a policy of resale price maintenance for the liquor industry, the state itself did not establish prices, review the

Abortion Statutory Interpretation –Whether Section 20-208 of the Health-General Article Prohibits Nurse Practitioners, Certified Nurse Midwives, and Physician Assistants from Providing Medication Abortions – Whether the Same Statute Prohibits Physician Assistants from Performing Surgical Abortions

Maryland Attorney General Reports · Sep 23, 2020

thus it may provide immunity only in cases where the physician could not be found liable in any event. … If the words of the statute, read in context, are both “unambiguous and clearly consistent with the statute’s apparent purpose,” our inquiry usually ends there. Id.

Maryland Attorney General Opinion 99OAG133

Maryland Attorney General Reports · Aug 25, 2014

The other two positions are established under county law: the Montgomery and Prince George’s County codes. … App. 670, 679 (1999) (holding that two positions established by the Town Code of Bel Air were “created by law”).

89 Op. Att'y Gen. 153 (2004)

Maryland Attorney General Reports · Aug 16, 2004

is authorized to provide officers and equipment to assist in the operation of a checkpoint established under the agreement. … Finally, the draft agreement includes provisions concerning official immunities and the allocation of liability.

(2001)

86 Op. Att'y Gen. 253 · Maryland Attorney General Reports · Nov 28, 2001

However, even if a board's rejection of an agreement restricted competition, that decision may be immune from attack under the antitrust laws in accordance with the state action immunity doctrine. See Parker v. … To enjoy such immunity, the challenged action must be based on a clearly articulated and affirmatively expressed state policy. 9 See California Retail Liquor Dealers Ass'n v. Midcal Aluminum, Inc., 445 U.S. 97 (1980).

Abortion Statutory Interpretation –Whether Section 20-208 of the Health-General Article Prohibits Nurse Practitioners, Certified Nurse Midwives, and Physician Assistants from Providing Medication Abortions – Whether the Same Statute Prohibits Physician Assistants from Performing Surgical Abortions

Maryland Attorney General Reports · Jan 10, 2020

thus it may provide immunity only in cases where the physician could not be found liable in any event. … If the words of the statute, read in context, are both “unambiguous and clearly consistent with the statute’s apparent purpose,” our inquiry usually ends there. Id.