§ 12-308. Required findings

Latest version.

   (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.

HISTORY: An. Code 1957, art. 32A, § 12C; 1984, ch. 284, § 1.

                    
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