Section 12-308 - Required findings. - Maryland Statutes

§ 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.]