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Section 12-308 - Required Findings — Maryland Law | CourtGPT
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  2. Laws/
  3. Maryland/
  4. State Government - Title 1 - Definitions/
  5. Title 12 - Immunity and Liability/
  6. Subtitle 3 - Actions Against State Officers and State Employees/
  7. Part II - Civil Actions and Special Proceedings/
  8. Section 12-308 - Required Findings
Maryland Legal Code

Section 12-308 - Required Findings

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(a) 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) A jury shall make the findings by written, special verdict.