Md. Code, State Government § 12-308
This is the official text of Md. Code, State Government § 12-308, part of Maryland’s Code, State Government — covers the structure and operation of Maryland state government.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§12–308.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
Need a lawyer in Maryland?
Find a Maryland lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.