Case law

Supervisor of Assessments of Baltimore City v. Har Sinai West Corp.

95 Md. App. 631 · Court of Special Appeals of Maryland · Apr 6, 1993

For example, HUD establishes eligibility requirements for tenants and controls rent. … It is able to meet the ownership requirements of § 7-202 so it clearly meets the requirements of § 7-502(a)(2)(i).

Blake v. BALTIMORE COUNTY, MD.

662 F. Supp. 2d 417 · District Court, D. Maryland · Sep 30, 2009

In particular, the Court granted summary judgment to Chief Sheridan on the ground that he enjoyed qualified immunity from suit. … The Court's July 1, 2008 opinion found that the § 1983 claims against Chief Sheridan should be dismissed on qualified immunity grounds. Blake now urges the Court to reconsider that decision.

Odyniec v. Schneider

322 Md. 520 · Court of Appeals of Maryland · Apr 15, 1991

of the judicial process that those who participate in such adjudication *529 should also be immune from suits for damages.” … We think that the arbitration machinery established by the legislature for health care malpractice cases falls well within the principle, as first articulated in Gersh v.

Linz v. Montgomery Cnty.

Court of Special Appeals of Maryland · Nov 1, 2022

The defendant moved to dismiss based on qualified immunity under the Maryland Tort Claims Act (MTCA), Md. Code (1984, 2021 Repl. Vol.) §§ 12-101 through 12-110 of the State Government Article (SG). … The circuit court dismissed the claim against the employee based on qualified immunity, and then dismissed the claim against the State based on limitations.

Benisek v. Lamone

241 F. Supp. 3d 566 · District Court, D. Maryland · Mar 13, 2017

See, e.g., Gravel, 408 U.S. at 608 , 92 S.Ct. 2614 (in declining to quash grand jury subpoena for Senator’s aide, relying on cases establishing legislative immunity from suit). … Thus, in seeking to depose the witnesses who were involved in drawing the map, the plaintiffs are clearly seeking evidence necessary to prove this specific intent.

Daughton v. Maryland Automobile Insurance Fund

198 Md. App. 524 · Court of Special Appeals of Maryland · Apr 28, 2011

Motor Vehicle Administration, 302 Md. 634 , 490 A.2d 694 (1985), established that MAIF is a State agency entitled to sovereign immunity when it acts as the successor to the UCJF, the court found that MAIF also serves a “Statewide … Sovereign Immunity In Katz v.

Adams Housing, LLC v. City of Salisbury

147 F. Supp. 3d 390 · District Court, D. Maryland · Nov 30, 2015

as a “functional family”). ■ Without an actual decision from the Department of Neighborhood Services and Code Compliance, Adams Housing’s claims “clearly amount to no more than an abstract grievance.” … According to Salisbury, because the tenants must qualify as one of the three groups, the groups cannot mix.

In Re Matthew S.

199 Md. App. 436 · Court of Special Appeals of Maryland · Jul 1, 2011

The only difference is that now ... the State is giving him, very clearly, use and transactional immunity for this, and you can cross-examine him about that. So it’s up to you what you’d like to do. … Given the court’s statements, the evidence clearly was admitted, and considered, as nonhearsay.

Parker v. State

92 Md. App. 540 · Court of Special Appeals of Maryland · Jul 13, 1992

Still, the statutes, and to some extent the Rules, have tended to mix the terminology, using some language more appropriate to an appellate proceeding and some that is more consistent with the established notion of an original … Fisher as underpinning the doctrine of judicial immunity.

Western Contracting Corp. v. Titter

255 Md. 581 · Court of Appeals of Maryland · Nov 19, 1969

See Annotation entitled “Public Contractor’s Immunity” 69 A.L.R. 489 — where it is stated on page 490: “One who contracts with a public body for the performance of public work is entitled to have the immunity of the public … Although Western Contracting was able to establish that it had a contract with the Army Engineers to widen and deepen the C & D Canal, by the oral testimony of Mr.

Montgomery County v. Voorhees

86 Md. App. 294 · Court of Special Appeals of Maryland · Mar 4, 1991

It is well established in this State that the weight of the evidence is a matter for the jury to determine. Rollins Outdoor Advertising, Inc. v. … The verdicts are clearly consistent and supported by the weight of the evidence and, therefore, we affirm the trial court’s denial of the County’s motion for a new trial. C.

Conway

District Court, D. Maryland · Sep 3, 2026

decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity.”); Booker, 855 F.3d at 545 (“Given that published district court opinions … Accordingly, the Court did not err by ending its qualified immunity inquiry after concluding that Plaintiff’s asserted right under the Second Amendment was not clearly established. D.

Sanford v. Sanford

15 Md. App. 390 · Court of Special Appeals of Maryland · May 19, 1972

Moore, 197 Md. 61 , clearly sets up an exception to the general rule that a child cannot sue his father; 3. There is a modern trend abolishing such immunity.” … In regard to reason (3), we discussed “the modern trend establishing such immunity” in Latz at 728-734 .

Middlebrooks v. University of Maryland at College Park

980 F. Supp. 824 · District Court, D. Maryland · Sep 23, 1997

It is clear that Congress has acted to abrogate the immunity when a state is sued under Title IX or Title VI. Lane v. … The MAPL program clearly requires a student to pass two tests by the end of her third year to continue in the program.

Maryland Committee Against the Gun Ban v. Simms

835 F. Supp. 854 · District Court, D. Maryland · Oct 6, 1993

Ruling on qualified immunity at the summary judgment phase requires: (1) identification of the specific right allegedly violated; (2) determining whether at the time of the alleged violation the right was clearly established … As to the Fourth Amendment claims, it is plain that the warrant requirement is clearly established.

Maurice v. Worden

54 Md. 233 · Court of Appeals of Maryland · Jun 30, 1880

We can clearly gather from this record that the papers contained in this copy are lodged in the Navy Department for safe-keeping, “ agreeably to the laws of the ” United States. … Blackburn, stated that the immunity of Judges of the Superior Courts, was established to secure their independence, and to prevent them from being harassed by vexatious actions.

Coley v. Harris

30 F. Supp. 3d 428 · District Court, D. Maryland · Jul 7, 2014

Richardson, 738 F.3d 651, 657 (5th Cir.2013) (“clearly established in the abstract that a prison official must have a reasonable justification for strip searching a prisoner” (internal citation omitted)). … Plaintiff replies by discussing the standards for qualified immunity.

Green v. State

59 Md. 123 · Court of Appeals of Maryland · Jul 14, 1882

The omitted words show most clearly that it was a personal privilege which was accorded,—relief from the duty, if they chose to avail themselves of it. … Exemption imports competency, and the immunity should only be claimed by the privileged person.

Plourde v. Ferguson

519 F. Supp. 14 · District Court, D. Maryland · Aug 15, 1980

These uncontradicted materials establish that both Ferguson and Graham are federal employees who acted within the outer perimeter of their duties in taking all the actions complained of by plaintiff. … Rather, plaintiff contends that, as a matter of law, federal employees enjoy only a qualified immunity to suit, citing Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974).

Welch v. United States

316 F. Supp. 2d 252 · District Court, D. Maryland · May 4, 2004

Welch, therefore, “bears the burden of persuasion and must establish an unequivocal waiver of immunity with respect to his claim.” Lumpkins v. United States, 187 F.Supp.2d 535, 538 (D.Md.2002). … Welch cannot meet this burden because his claim falls within an exception to the FTCA’s general waiver of tort immunity- Under the FTCA, sovereign immunity remains in effect with respect to “[a]ny claim based upon an act