State Codes and Statutes
Statutes > Maryland > State-government > Title-12 > Subtitle-3 > 12-308§ 12-308. Required findings.
(a) In general.- 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) Special verdict.- A jury shall make the findings by written, special verdict.
[An. Code 1957, art. 32A, § 12C; 1984, ch. 284, § 1.]
