(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.
Structure Maryland Statutes
Title 12 - Immunity and Liability
Subtitle 3 - Actions Against State Officers and State Employees
Part II - Civil Actions and Special Proceedings
Section 12-304 - Appearance of Attorney General
Section 12-305 - Agreement for Representation
Section 12-306 - Scope and Effect of Representation
Section 12-307 - Confidentiality of Information
Section 12-308 - Required Findings