Recent Development: Espina v. Jackson: The Local Government Tort Claims Act Limits Local Government's Liability for Constitutional Tort Claims Committed by its Employees; Local Government Employees Acting with Actual Malice Are Liable for Their Own Torts; And Multiple Wrongful Death Actions Arising From the Same Underlying Conduct May Be Aggregated for Purposes of the Damages Cap

Authors

Kristin E. ShieldsFollow

Abstract

The Court of Appeals of Maryland held that the damages cap of the Local Government Tort Claims Act (“LGTCA”) limits a local government’s liability for damages caused by an employee’s tortious act in violation of the state constitution. Espina v. Jackson, 442 Md. 311, 317, 112 A.3d 442, 446 (2015). The court also held that this limitation does not contradict the supremacy of the state constitution. Id. at 335, 112 A.3d at 456. Furthermore, the court held the LGTCA damages cap is not an unreasonable restriction on the right to remedy under Article 19 of the Maryland Declaration of Rights. Id. at 344- 45, 112 A.3d at 462. The court clarified that a local government is liable for its employee’s torts committed during the scope of employment, and employees are also liable for their torts if the employee acted with actual malice. Id. at 344, 346-67, 112 A.3d at 462-64. Finally, the court held wrongful death actions arising from the same underlying conduct are properly aggregated for determining damages.

Recommended Citation

Shields, Kristin E. (2015) "Recent Development: Espina v. Jackson: The Local Government Tort Claims Act Limits Local Government's Liability for Constitutional Tort Claims Committed by its Employees; Local Government Employees Acting with Actual Malice Are Liable for Their Own Torts; And Multiple Wrongful Death Actions Arising From the Same Underlying Conduct May Be Aggregated for Purposes of the Damages Cap," University of Baltimore Law Forum: Vol. 46: No. 1, Article 5.
Available at: https://scholarworks.law.ubalt.edu/lf/vol46/iss1/5