Mark Barbre v. Andrew Pope, Iii

Summary

The court held that notice sent to a county commissioner did not expressly or substantially comply with the Maryland Tort Claims Act because notice had to be submitted to the State Treasurer or an authorized designee within one year of the injury. It nevertheless held that the plaintiff's factual allegations that a deputy sheriff shot him in the neck after he raised his hands in surrender were sufficient to allege malice and gross negligence, precluding summary judgment for the deputy individually. The court affirmed the judgments for the State and county, reversed the judgment for the deputy, and remanded for further proceedings.