(a) (1) An official of a municipal corporation, while acting in a discretionary capacity, without malice, and within the scope of the official’s employment or authority shall be immune as an official or individual from any civil liability for the performance of the action.
(2) An official of a municipal corporation is not immune from liability for negligence or any other tort arising from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
(b) (1) Subject to paragraph (2) of this subsection, a municipal corporation shall provide a defense for an official of the municipal corporation for any act arising within the scope of the official’s employment or authority.
(2) A municipal corporation shall only provide a defense for an official of the municipal corporation for negligence or any other tort arising from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 5 - Immunities and Prohibited Actions -- Governmental
Section 5-501 - Action for Defamation Against Local Government Official
Section 5-502 - Additional Provisions Governing Immunity
Section 5-503 - Preparation of Complaints in Montgomery County
Section 5-504 - Immunity -- Montgomery County Alcohol Beverage Services
Section 5-507 - Immunity -- Municipal Corporations and Officers
Section 5-508 - Immunity -- Officers or Directors of Public Drainage or Watershed Associations
Section 5-509 - Immunity -- Official of Governmental Entity
Section 5-512 - Immunity -- Maryland-National Capital Park and Planning Commission
Section 5-513 - Immunity -- Member of Military Court
Section 5-514 - Immunity -- Financial Review Committee in Department of Aging
Section 5-515 - Immunity -- Guardianship Advisory Board in Department of Aging
Section 5-516 - Immunity -- County Insuring Amusement Rides
Section 5-517 - Immunity -- Board of Supervisors for Soil Conservation District
Section 5-518 - Immunity -- County Boards of Education
Section 5-519 - Immunity -- Community Colleges
Section 5-520 - Immunity -- Maryland Deposit Insurance Fund Corporation
Section 5-521 - Immunity -- Department of Commerce
Section 5-522 - Immunity -- State and Its Personnel and Units
Section 5-523 - Immunity -- Seizure of Contraband Property Under 13-835 of the Tax - General Article
Section 5-524 - Immunity -- Negligent Use of Motor Vehicle While in Government Service
Section 5-525 - Immunity -- Member of General Assembly -- Constituent Service
Section 5-526 - Immunity -- Member of General Assembly -- Defamation