· 3/30/2015
Espina v. Jackson
Citations
- 442 Md. 311
- 112 A.3d 442
- 2015 Md. LEXIS 168
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under Maryland's Local Government Tort Claims Act, \tortious acts or omissions\ includes constitutional torts
- stating that “the lynchpin of the local government’s liability” hinges on whether the officers acted within the scope of employment
- finding that the waiver of sovereign immunity as to “tortious acts or omissions” in the LGTCA extends to state constitutional claims
- noting 2001 state legislation responding to Bennett and declining to distinguish between state constitutional tort claims and state non-constitutional tort claims in the applicability of the LGTCA damages cap
- noting 2001 state legislation responding to Bennett and declining to distinguish between state constitutional tort claims and state non-constitutional tort claims in the applicability of the LGTCA damages cap
- considering Lee’s discussion of the scope of “tort claims” extending to constitutional claims in the Maryland TCA to define the scope of “tortious acts or omissions” extending to constitutional claims in the Local Government TCA
Source: CourtListener parenthetical corpus (CC0).
Judges: Barbera, Harrell, Greene, Adkins, McDonald, Watts, McAuliffe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.