This case law update has brought to you by Freeway Law, personal injury and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information below is for informational purposes only and not to be construed as legal advice.
Court: Maryland Court of Appeals
Docket: 29/20
Opinion Date: March 2, 2021
Judge: Shirley M. Watts
Areas of Law: Personal Injury
In this case, stemming from a lawsuit brought by Respondent against the State and the law enforcement officers and prosecutors who were responsible for charging her with assault and juror intimidation, the Court of Appeals held that the circuit court was correct in granting summary judgment in favor of the State and the two prosecutors as to any action in the complaint alleged to have been taken by the prosecutors. Specifically, the Court of Appeals held (1) there was no genuine dispute of material fact as to the prosecutors’ entitlement to absolute common-law immunity in the form of prosecutorial immunity; (2) the two officers were not entitled to absolute common-law immunity in the form of prosecutorial immunity or absolute common-law immunity in the form of judicial immunity; (3) state personnel statutory immunity under the MTCA barred Plaintiff’s claims against the officers and the prosecutors in their individual capacities and, as such, the State does not have immunity under the MTCA; and (4) whether the State was liable for any actions taken by the officers was a matter to be resolved by further proceedings in the circuit court.
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