Keith A. Lee v. Gary Cline

Summary

The Court held that the Maryland Tort Claims Act provides qualified immunity to state personnel for both state constitutional torts and common-law intentional torts when the conduct is within the scope of public duties and is not malicious or grossly negligent. The Court further held that the evidence, viewed favorably to Lee, could support a finding that Deputy Cline acted with malice by prolonging an otherwise completed traffic stop to obtain a canine search after Lee refused consent. The judgment affirming summary judgment was therefore reversed and the case was remanded for further proceedings.