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Md. Code Ann., State Gov't § 12-103.3

Known as the Maryland Tort Claims Act

The act spans §§ 12–12 (13 sections).

(a) (1) In this section the following words have the meanings indicated.

(2) “Detention center function” includes:

(i) operating and administering a detention center; and

(ii) supervising personnel who perform a function described in item (i) of this paragraph.

(3) “Law enforcement function” includes:

(i) conducting patrol;

(ii) making stops and arrests;

(iii) investigating criminal offenses; and

(iv) supervising personnel who perform a function described in items (i) through (iii) of this paragraph.

(4) “Tort claim” means a tort claim filed in State court against a sheriff, a deputy sheriff, or the State claiming tortious conduct by a sheriff or a deputy sheriff arising out of activities related to the performance of a law enforcement function or a detention center function.

(b) (1) A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.

(2) (i) The State is the proper defendant in a tort claim.

(ii) The county may not be named as a defendant in a tort claim.

(c) Liability for a tort claim may not exceed the State’s waiver of immunity under § 12–104 of this subtitle.

(d) (1) The State Treasurer is not liable under § 9–107 of the State Finance and Procurement Article for a tort claim.

(2) The duties, responsibilities, and liabilities of the State under this subtitle for a tort claim shall be assumed by the applicable county.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.