149 Md. App. 38 - Lee v. Cline’s Empirical Analysis

Citation profile

2 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Tort liability—Exclusions from waiver under § 12-101 of the State Government Article.—Immunity of the State is not waived under § 12-104 of the State Government Article for: (1) Punitive damages; (2) Interest before judgment; (3) A claim that arises from the combatant activities of the State Militia during a state of emergency; (I) Any tortious act or omission of State personnel that: (i) Is not uñthin the scope of the public duties of the State personnel; or (ii) Is made with malice or gross negligence; (5) A claim by an individual arising from a single incident or occurrence that exceeds $200,000; or (6) A cause of action that law specifically prohibits. (b) Same—State personnel.—State personnel, as defined in § 12-101 of the State Government Article, are immune from suit in courts of the State and from liability in tort for a tortious act or omission that is within the scope of the public duties of the State personnel and is made without malice or gross negligence, and for which the State or its units have waived immunity under Title 12, Subtitle 1 of the State Government Article, even if the damages exceed the limits of that waiver.”

   1 later decision quote this exact passage
   e.g. 157 Md. App. 536 - Hines v. French

2. “(a) In general.—(1) Subject to the exclusions and limitations in this subtitle and notwithstanding any other provision of law, the immunity of the State and of its units is waived as to a tort action, in a court of the State, to the extent provided under paragraph (2) of this subsection. (2) The liability of the State and its units may not exceed $200,000 to a single claimant for injuries arising from a single incident or occurrence. (b) Exclusions and limitations.—Immunity is not waived under this section as described under § 5-522(a) of the Courts and Judicial Proceedings Article.”

   1 later decision quote this exact passage
   e.g. 157 Md. App. 536 - Hines v. French

3. ““I. Whether the Court of Special Appeals err[ed] in holding that [, under the Maryland Tort Claims Act,] Officer Cline had qualified immunity against state constitutional violations. “II. Whether the Court of Special Appeals erred in holding that [, under the Maryland Tort claims Act,] Officer Cline had qualified immunity against state common law intentional torts. “HI. WTiether the Court of Special Appeals erred in holding that there was insufficient evidence of malice to overcome any qualified immunity possessed by Officer Cline.””

   1 later decision quote this exact passage
   e.g. Lee v. Cline