Case law

State v. Young

Court of Appeals of Maryland · Jun 23, 2026

But in enacting a partial waiver of sovereign immunity to allow recovery in tort, the State established the MTCA in the model of an insurance program to manage the liability it was assuming. See Md. … If a plaintiff contends that the MTCA’s exception to the State’s sovereign immunity defense extends to multiple incidents or occurrences, the plaintiff carries the burden of establishing that as well.

Ihnken v. Gardner

927 F. Supp. 2d 227 · District Court, D. Maryland · Feb 27, 2013

Thus, if the shutdown was a deprivation of Ihnken’s constitutional rights, any county official involved in the shutdown may be liable, unless they are entitled to qualified immunity. Id. at 783 . … Furthermore, although the individual defendants argue that they are entitled to qualified immunity on this and all of Ihnken’s § 1983 claims, because the record is not developed enough to determine whether a constitutional

Smith v. Edwards

46 Md. App. 452 · Court of Special Appeals of Maryland · Sep 5, 1980

Governmental immunity was not even discussed. Appellants also allege that their actions were without malice and thus individual council members were entitled to qualified immunity. … We are unable to follow the argument because qualified immunity applies to actions for tort and has no application to acts which are ultra vires.

Rodrigues-Novo v. Recchi America, Inc.

381 Md. 49 · Court of Appeals of Maryland · Apr 14, 2004

In order to determine whether one qualifies as a statutory employer under the Act, this Court has separated the requirements of Section 9-508 into four elements. … Whether there was a qualifying “subcontract” can be determined only by considering the scope of the principal’s obligation. See M.A. Long Co., 156 Md. at 645-46, 144 A. at 778 .

Lohr v. Upper Potomac River Commission

180 Md. 584 · Court of Appeals of Maryland · May 26, 1942

The exception definitely followed the rule that immunity may be invoked whenever a creature of the State is performing some governmental function. … The establishment of a district for the control of State waters, whether it be for the supplying of water to its citizens, or to control floods, is fully within the power and duty of the State to secure, preserve and promote

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.

Ward v. Ackroyd

344 F. Supp. 1202 · District Court, D. Maryland · Jun 8, 1972

The only question before this court is whether immunity has been waived. … designed to enforce the provisions of federal law which establish the conditions under which the federal aid can be distributed to or obtained by the state.

Harrell

District Court, D. Maryland · Mar 30, 2026

“Qualified immunity shields government officials performing discretionary functions from personal-capacity liability for civil damages under § 1983, insofar as their conduct does not violate clearly established statutory … “If a violation of a constitutional right in fact exists, qualified immunity nonetheless shields a [public] official from liability, unless the violation was of a ‘clearly established right of which a reasonable person

Brady v. Ralph M. Parsons Co.

82 Md. App. 519 · Court of Special Appeals of Maryland · May 2, 1990

The owner of the project, the State of Maryland, was not immune under the worker’s compensation laws, but was entitled to sovereign immunity. … In addition, the factual situation in Gardenvillage is clearly inapposite to the instant case.

Zander v. United States

843 F. Supp. 2d 598 · District Court, D. Maryland · Feb 13, 2012

The Propriety of Dismissal for Failure to Comply with the Health Care Malpractice Claims Act “As a sovereign, the United States is immune from all suits against it absent an express waiver of its immunity.” Welch v. … “[W]aivers of sovereign immunity are strictly construed and ambiguities in statutory language are construed in favor of immunity....” Flory v. United States, 138 F.3d 157, 160 (5th Cir.1998) (citing Lane v.

Hodgin v. Jefferson

447 F. Supp. 804 · District Court, D. Maryland · Mar 13, 1978

Individuals are not immune from liability under § 1985(3) merely because the same corporation employs them. … Equal Pay Act Claim Defendants argue that “[t]he asserted claim under the Fair Labor Standards Act ( 29 U.S.C. § 206 ) in paragraphs 13-15 is clearly insufficient.”

Friedetzky v. Hsia

223 Md. App. 723 · Court of Special Appeals of Maryland · Jul 6, 2015

The Limited Immunity Provided by the UCCJEA 1. … temporary emergency jurisdiction over the custody issue); In re B.P., 184 P.3d 334, 350 (Mont. 2008) (concluding that based on the definition of “child custody proceeding,” “the UCCJEA drafters and the states which adopted it clearly

Ramey v. Martin-Baker Aircraft Co.

656 F. Supp. 984 · District Court, D. Maryland · Mar 19, 1987

First, neither Ramey nor Waller was qualified to remove the ejection seat from the aircraft. Second, the portable cranes customarily used to lift ejection seats out of cockpits were not available. … Possibly the most significant reason supporting the government contract defense is to avoid subverting the underlying policies of governmental immunity established in Feres v.

Kensington Volunteer Fire Department, Inc. v. Montgomery County

788 F. Supp. 2d 431 · District Court, D. Maryland · May 31, 2011

Second, Plaintiffs appear to argue that the Court need not inquire into legislative motives in the first place because the statements of certain government officials, standing alone, clearly establish the retaliatory nature … Obviously, then, his budget proposal was clearly within “the sphere of legitimate legislative activity.” Bogan, 523 U.S. at 55 , 118 S.Ct. 966 .

Al-Quraishi v. Nakhla

728 F. Supp. 2d 702 · District Court, D. Maryland · Jul 29, 2010

The actions alleged, if proven, clearly exceed the immunities ordinarily afforded to belligerents. … But, accepting that this statement may once have been valid, later case-law has rather clearly qualified it. In Freeland v.

Booze v. Lewter

District Court, D. Maryland · Jan 8, 2025

“To overcome qualified immunity, a plaintiff must typically show (1) that the government official violated a statutory or constitutional right and (2) that right was clearly established at the time of the challenged conduct … The Court will therefore deny the Motion on the issue of qualified immunity, as prematurely raised.

HILLSMERE SHORES IMPROVEMENT ASSOCIATION, INC. v. Singleton

182 Md. App. 667 · Court of Special Appeals of Maryland · Oct 30, 2008

HSIA was established as the administrator of the District. … Moreover, as already discussed, appellees’ adverse possession of the disputed properties does not qualify as “subdivision” under the County Code.

Floyd v. Baltimore City

Court of Special Appeals of Maryland · Jun 4, 2019

Even if she was qualified to “support and possibly to implement the policy of the [Council] and [Committee] regarding the [Act],” she was not qualified “to make or explain that policy.” … remedies following establishment of the merits of its foundational claim seems to us to run counter to the intent of the Act[.]

Maryland National Capital Park & Planning Commission v. Crawford

59 Md. App. 276 · Court of Special Appeals of Maryland · Jun 6, 1984

Yet, Judge Bowen observed: You have someone here, someone who was clearly superior and better qualified, but no concurrence was asked for. … The Commission’s concurrence procedure reflects this concept by allowing a “clearly more qualified” non-minority candidate an equal opportunity for each available employment position.

Bailey v. City of Annapolis

Court of Special Appeals of Maryland · Sep 1, 2021

-25- Appellees on grounds that “[p]ublic officials are entitled to qualified immunity from negligence claims.”13 In order to prevail under either a statutory or common … -27- challenged the application of qualified immunity to court-appointed trustees in the judicial sale of a condominium. Id. at 560.