“Sovereign Immunity” in Maryland
Published .
The general concept
Sovereign immunity limits when a person may recover damages from the State or a local government. The rule does not mean government can never be sued. Maryland has enacted limited waivers, and a waiver applies only to the claims, defendants, procedures, and damages the statute covers. Governmental immunity and an individual employee’s immunity are related but distinct questions.
How Maryland applies it
The Maryland Tort Claims Act waives the State’s immunity for specified tort actions in Maryland courts, subject to exceptions, notice requirements, and statutory limits. The Local Government Tort Claims Act establishes different rules for local governments and their employees; it does not erase every defense or create liability where the employee could not be held liable. A claimant must identify whether the defendant is the State, a State unit, a county or municipality, or an employee; determine whether the conduct was within the scope of public duties or employment; and satisfy applicable claim-presentment and filing deadlines. Certain immunities remain in place, and punitive damages and other categories may be excluded.
Related Maryland Cases and Authorities
Md. Code, State Government §§ 12-101–12-110; Md. Code, Courts & Judicial Proceedings §§ 5-301–5-304 and 5-522; Board of Education of Baltimore County v. Zimmer-Rubert, 409 Md. 200 (2009); Barbre v. Pope, 402 Md. 157 (2007).