Maryland
How Caldwell v. City of Atlanta applies in Maryland: state-specific rules, key cases, and bar exam notes for Torts.
Maryland law adheres to the principle of governmental immunity, but allows for exceptions, especially in cases of negligence by public employees. The state recognizes that public entities can be liable under certain circumstances, particularly when the claim falls under a recognized exception to immunity.
In Maryland, public entities may be liable for torts committed by their employees while acting within the scope of their employment, provided that there is a clear breach of duty that results in foreseeable harm.
The court held that the Maryland State Police could be subject to tort liability for the negligent acts of its officers.
The Maryland Court of Appeals ruled that the state can be held liable for the negligent performance by its employees when engaged in a ministerial duty.
This case established that where there is no discretion involved in the employee's conduct, immunity does not apply.
While federal law provides certain immunities to public officials under qualified immunity, Maryland's approach emphasizes the liability of public entities in specific scenarios. Maryland's rule allows for more nuanced exceptions than the broader federal standards established under the Federal Tort Claims Act.
Maryland bar exam candidates should focus on the nuances of governmental immunity and liability in tort cases, particularly the exceptions applicable under Maryland law.