§ 12-103.3
237 words·~1 min read·
/md/state-government/12-103-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§12–103.3.
(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.
(1)A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.
(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.
(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.