Maryland
How Fecteau v. City of Portland applies in Maryland: state-specific rules, key cases, and bar exam notes for Torts.
Maryland adheres to the principles of governmental immunity but recognizes exceptions where a duty is owed to individuals and negligent conduct is evident. The court evaluates the degree of discretion afforded to public officials in determining liability, balancing governmental functions against individual rights.
In Maryland, governmental entities may be liable for torts if they engage in a ministerial act that directly injures an individual, rather than exercising discretionary functions.
The court held that the city could be liable for non-discretionary acts undertaken by public officials that result in injury.
The ruling clarified the distinction between discretionary and ministerial acts, emphasizing that liability may arise only from the latter.
The court found that school officials could be held liable for negligence in failing to supervise students, marking the relevance of duty owed.
While the federal standard often grants broader immunity under the Federal Tort Claims Act for discretionary functions, Maryland places a more significant emphasis on the nature of the acts as ministerial versus discretionary. This results in a more nuanced inquiry into the specific conduct of governmental employees.
Understanding the distinctions between ministerial and discretionary acts is crucial for Maryland's bar exam, particularly within the context of governmental liability in torts.