WILLIAM DONALD SCHAEFER, Governor                    Ch. 594

(B)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A PERSON MAY NOT EXECUTE AGAINST AN EMPLOYEE ON A
JUDGMENT RENDERED FOR TORTIOUS ACTS OR OMISSIONS COMMITTED BY THE
EMPLOYEE WITHIN THE SCOPE OF EMPLOYMENT WITH A LOCAL GOVERNMENT.

(2) (I) AN EMPLOYEE SHALL BE FULLY LIABLE FOR ALL
DAMAGES AWARDED IN AN ACTION IN WHICH IT IS FOUND THAT THE
EMPLOYEE ACTED WITH ACTUAL MALICE.

(II) IN SUCH CIRCUMSTANCES THE JUDGMENT MAY BE
EXECUTED AGAINST THE EMPLOYEE AND THE LOCAL GOVERNMENT MAY SEEK
INDEMNIFICATION FOR ANY SUMS IT IS REQUIRED TO PAY UNDER SECTION
5-403{B)(l) OF THIS SUBTITLE.

(C)  IF THE INJURY SUSTAINED IS COMPENSABLE UNDER THE
WORKERS' COMPENSATION LAW, AN EMPLOYEE MAY NOT SUE A FELLOW
EMPLOYEE FOR TORTIOUS ACTS OR OMISSION COMMITTED WITHIN THE SCOPE
OF EMPLOYMENT.

(D)  (1) THE RIGHTS AND IMMUNITIES GRANTED TO AN EMPLOYEE
ARE CONTINGENT ON THE EMPLOYEE'S COOPERATION IN THE DEFENSE OF
ANY ACTION.

(2) IF THE EMPLOYEE DOES NOT COOPERATE, THE EMPLOYEE
FORFEITS ANY AND ALL RIGHTS AND IMMUNITIES ACCRUING TO THE
EMPLOYEE UNDER SUBSECTION (B) OF THIS SECTION.

5-403.

(A)  THE LIABILITY OF A LOCAL GOVERNMENT MAY NOT EXCEED

$100,000 PER OCCURRENCE $200,000 PER AN INDIVIDUAL

CLAIM, AND $300,000 $500,000 PER TOTAL CLAIMS THAT ARISE FROM THE
SAME OCCURRENCE FOR:

(1) DAMAGES RESULTING FROM TORTIOUS ACTS OR
OMISSIONS; OR, INCLUDING

(2) LIABILITY ARISING UNDER SUBSECTION (B) OF THIS
SECTION.

(B)  (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, A LOCAL GOVERNMENT SHALL BE LIABLE FOR ANY JUDGMENT
AGAINST AN ITS EMPLOYEE FOR DAMAGES RESULTING FROM TORTIOUS ACTS
OR OMISSIONS COMMITTED BY THE EMPLOYEE WITHIN THE SCOPE OF
EMPLOYMENT WITH THE LOCAL GOVERNMENT.

(2) A LOCAL GOVERNMENT MAY NOT ASSERT GOVERNMENTAL OR
SOVEREIGN IMMUNITY TO AVOID THE DUTY TO DEFEND OR INDEMNIFY AN
EMPLOYEE ESTABLISHED IN THIS SUBSECTION.

(C)  A LOCAL GOVERNMENT MAY NOT BE LIABLE FOR PUNITIVE
DAMAGES.

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