On February 21, 2024, Executive Director Michael Sanderson and Associate Policy Director Sarah Sample testified before the House Judiciary Committee in support of HB 895- Maryland Tort Claims Act- Sheriffs and Deputy Sheriffs- County Responsibility. This bill clarifies that counties are responsible for certain tort claims against a sheriff or deputy sheriff, and all other responsibilities remain on the State.
The effects of this bill only concern claims brought against a sheriff or deputy for actions taken while performing a law enforcement function, or managing a correctional facility. These functions are outside the “constitutional” functions of the Sheriff, engaged by the county government at their discretion. Additionally, it clarifies what constitutes a law enforcement function for the purpose of further illuminating the distinction between state and local obligations for this shared employee.
Counties have long been responsible for cases when a claim is brought against a sheriff or deputy sheriff for law enforcement and corrections-related actions…Due to confusion in the existing statute, some plaintiffs file cases only against the State because of the specification in statute that the State is the sole employer of a sheriff and their deputies. These cases result in the State taking on unwarranted liability and defense costs for cases outside of their purview.
HB 895’s cross-file, SB 793, was heard on February 29, 2023 in the Senate Judicial Proceedings Committee. Sarah Sample testified in support of this bill.
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