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2002 FINAL STATELEGISLATIVE PROGRAM CONTROVERSIAL ISSUE ISSUE: LOCAL TORT CLAIMS ACT SUMMARY: The Local Tort Claims Act was enacted in 1987, and has been amended several times since then, to provide citizens injured by local government officials with a remedy for compensation, while at the same time protecting local government employees from the threat of a multitude of lawsuits. Prior to enactment of this legislation a tort victim could not sue local governments because of the sovereign immunity doctrine, and had no recourse but to sue local government employees responsible for the tortuous act. The definition of "local government" under the Act includes all counties and Baltimore City, municipal corporations, community colleges, county libraries, special taxing districts, nonprofit community service corporations and local housing authorities. The liability limit of local governments is set at $200,000 per individual and $500,000 per total claims that arise in each occurrence. Local governments may not be held liable for either direct or vicarious liability that may result in punitive damages, but may indemnify employees for judgements for punitive damages up to $200,000 per person and $500,000 per claim. In principle, the Local Tort Claims Act is designed to mirror the Maryland Tort Claims Act in that it accepts responsibility for most acts or omissions of employees committed within the scope of employment while it requires employees to be responsible for any acts involving malice. Bills that sought to further modify the liability of a local government for its employees were submitted in 1993 but were not passed. No action on this issue was taken in 1994, 1995, or 1996, but in 1997 a bill was approved to include the Baltimore City Police Department in the definition of "local government" under the Local Tort Claims Act. There were no bills affecting the Act in 1998. In 1999, adjustments to the Act were passed concerning indemnification of law enforcement officers and interest on judgements. In 2000, there were several bills dealing with the Local Tort Claims Act, but only a minor change was enacted. During the interim between the 2000 and 2001 sessions, the Court of Appeals, in a unanimous decision, voided the cap on damages for local governments (Housing Authority of Baltimore City v. Crystal Bennett). The 2001 General Assembly however, trumped the Court by passing a bill to make the Local Government Tort Claims Act apply retroactively to 1987. Additional challenges to retroactive legislation presently are pending in the Court of Appeals. MSBA 2002 POSITION: Monitor specific bills that would modify the Local Tort Claims Act and oppose any additional restrictions on a citizen's right to civil justice. SAMPLE LEGISLATION:
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