Ch. 546 LAWS OF MARYLAND

INDIVIDUAL DEFENDANT UNDER THIS SECTION, THE GOVERNING BODY
FOR WHICH THE OFFICER OR DIRECTOR WAS ACTING SHALL BE
SUBSTITUTED AS THE PARTY DEFENDANT WHEN ITS IDENTITY
REASONABLY CAN BE DETERMINED.

5 399 3 5—399 2

(A) IMMUNITY OF THE STATE IS NOT WAIVED UNDER § 12-104 OF
THE STATE GOVERNMENT ARTICLE FOR:

(1) PUNITIVE DAMAGES;

(2) INTEREST BEFORE JUDGMENT;

(3) A CLAIM THAT ARISES FROM THE COMBATANT ACTIVITIES
OF THE STATE MILITIA DURING A STATE OF EMERGENCY;

(4) ANY TORTIOUS ACT OR OMISSION OF STATE PERSONNEL
THAT:

(I) IS NOT WITHIN THE SCOPE OF THE PUBLIC DUTIES OF
THE STATE PERSONNEL; OR

(II) IS MADE WITH MALICE OR GROSS NEGLIGENCE; OR

(5) A CAUSE OF ACTION THAT LAW SPECIFICALLY PROHIBITS.

(B) STATE PERSONNEL ARE IMMUNE FROM SUIT IN COURTS OF
THE STATE AND FROM LIABILITY IN TORT FOR A TORTIOUS ACT OR
OMISSION THAT IS WITHIN THE SCOPE OF THE PUBLIC DUTIES OF THE
STATE PERSONNEL AND IS MADE WITHOUT MALICE OR GROSS
NEGLIGENCE, AND FOR WHICH THE STATE OR ITS UNITS HAVE WAIVED
IMMUNITY UNDER TITLE 12, SUBTITLE 1 OF THE STATE GOVERNMENT
ARTICLE, EVEN IF THE DAMAGES EXCEED THE LIMITS OF THAT WAIVER.

(C) THE SCOPE OF PUBLIC DUTIES OF STATE PERSONNEL SHALL
INCLUDE, BUT NOT BE LIMITED TO:

(1) ANY AUTHORIZED USE OF A STATE-OWNED VEHICLE BY
STATE PERSONNEL, INCLUDING, BUT NOT LIMITED TO, COMMUTING TO
AND FROM THE PLACE OF EMPLOYMENT; AND

(2) SERVICES TO THIRD PARTIES PERFORMED BY STATE
PERSONNEL, AS DEFINED BY § 12-101 OF THE STATE GOVERNMENT
ARTICLE, IN THE COURSE OF PARTICIPATION IN AN APPROVED
CLINICAL TRAINING OR ACADEMIC PROGRAM.

(D) IN A CONTRACT ACTION UNDER TITLE 12, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE, THE STATE AND ITS OFFICERS AND
UNITS ARE NOT LIABLE FOR PUNITIVE DAMAGES.

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