1612

LAWS OF MARYLAND

Ch. 298

SUPERVISE AN ACTIVITY AT A STATE PARK OR RECREATION
FACILITY.

(B) THE IMMUNITY OF THE STATE IN TORT IS NOT WAIVED
FOR THE FOLLOWING PURPOSES:

(1)  PUNITIVE DAMAGES;

(2)  INTEREST PRIOR TO JUDGMENT;

(3)  INDIVIDUAL CLAIMS IN EXCESS OF $100,000;

(4)  AN AGGREGATE OF CLAIMS ARISING FROM THE SAME
OCCURRENCE IN EXCESS OF $500,000;

(5)  ANY CLAIM ARISING OUT OF THE COMBATANT
ACTIVITIES OF THE MILITIA OF THIS STATE DURING A STATE OF
EMERGENCY; AND

(6)  ANY CAUSE OF ACTION SPECIFICALLY PROHIBITED
BY LAW.

5-404..

(A) (1) THE IMMUNITY OF AN EMPLOYEE OF THE STATE FROM
LIABILITY IN TORT IN HIS OFFICIAL CAPACITY IS WAIVED TO THE
SAME EXTENT AS THE IMMUNITY OF THE STATE IS WAIVED UNDER §
5-403 OF THIS SUBTITLE.

(2)  IN ANY ACTION AGAINST A STATE EMPLOYEE IN
HIS OFFICIAL CAPACITY FOR DAMAGES RESULTING FROM TORTIOUS
ACTS OR OMISSIONS WITHIN THE SCOPE OF HIS PUBLIC DUTIES, THE
STATE SHALL BE JOINED AS A PARTY, AND THE ISSUE OF WHETHER
THE ALLEGED ACT OR OMISSION OCCURRED WITHIN THE SCOPE OF THE
PUBLIC DUTIES OF THE STATE EMPLOYEE MAY BE TRIED SEPARATELY.

(3)  A JUDGMENT IN TORT FOR MONEY DAMAGES AGAINST
A STATE EMPLOYEE IN HIS OFFICIAL CAPACITY IS A JUDGMENT
AGAINST THE STATE ONLY AND MAY NOT BE EXECUTED AGAINST THE
EMPLOYEE IN HIS INDIVIDUAL CAPACITY.

(B)  A STATE EMPLOYEE WHO HAS ACTED WITHIN THE SCOPE OF
HIS PUBLIC DUTIES, ABSENT MALICE, OR GROSS NEGLIGENCE, IS
NOT LIABLE IN HIS INDIVIDUAL CAPACITY FOR ANY DAMAGES
RESULTING FROM TORTIOUS CONDUCT FOR WHICH THE STATE HAS
WAIVED ITS IMMUNITY UNDER THIS SUBTITLE, EVEN WHEN THE
DAMAGES EXCEED THE LIMITS OF THE STATE'S WAIVER OF IMMUNITY.

5-405.

(A)  UNLESS FULL LEGAL REPRESENTATION IS PROVIDED UNDER
A CONTRACT OF INSURANCE, THE ATTORNEY GENERAL SHALL DEFEND
ANY CIVIL ACTION OR PROCEEDING BROUGHT UNDER THIS SUBTITLE
AGAINST THE STATE.

(B)  REPRESENTATION OF A STATE EMPLOYEE SHALL BE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 12A OF ARTICLE 32A
OF THIS CODE.