§ 12-308
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/md/state-government/12-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§12–308.
(a)If an action or special proceeding against a State officer or State employee in which the Attorney General has declined representation under § 12-304(b)(1) of this subtitle results in final judgment, the court or jury shall find whether:
(1)the defense of sovereign immunity is available to the officer or employee;
(2)the officer or employee was acting within the scope of the employment of the officer or employee;
(3)the alleged act or omission was malicious; and
(4)the alleged act or omission was grossly negligent.
(b)A jury shall make the findings by written, special verdict.