How do I sue police for misconduct in Maryland?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Fourth Circuit applies federal QI under Saucier/Pearson. Maryland state-constitutional claims under Articles 24 and 26 of the Maryland Declaration of Rights are not subject to federal QI.

3. Maryland State-Law Alternative. Maryland has not enacted a statutory civil-rights act, but Articles 24 (due process) and 26 (search and seizure) of the Maryland Declaration of Rights are self-executing and support a direct common-law cause of action against officers — and officers cannot assert qualified immunity to these state-constitutional claims. The 2021 Maryland Police Reform Act repealed the Law Enforcement Officers' Bill of Rights and created new use-of-force standards.

4. Monell Liability. A municipality is liable under § 1983 only when an official policy, custom, or failure to train caused the constitutional violation.

5. Statute of Limitations. Section 1983 borrows Maryland's 3-year general civil SOL (Cts. & Jud. Proc. § 5-101). The Maryland Tort Claims Act requires 1-year notice for state agencies (State Gov't § 12-106), and the Local Government Tort Claims Act requires 1-year notice for local governments.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory and punitive damages (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees.

8. Notice of Claim. Maryland's MTCA and LGTCA both require written notice within 1 year for state-law tort claims; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.