Legal Opinion

Mandel v. O'HARA

Court of Appeals of Maryland

Decided July 27, 1990No. 33, September Term, 1990PublishedCited by 33 opinions

1Opinion of the Court

RODOWSKY, Judge.

This case involves public official immunity from liability for common law, nonconstitutional torts. At issue is the extent of the immunity of Governors of Maryland when an alleged tort is based upon their vetoing or approving legisla tion. For the reasons set forth below we hold, as a matter of Maryland common law, that the immunity applicable to the gubernatorial veto/approval function is, civilly, as complete an immunity as that which protects members of the General Assembly when voting for or against legislative bills. Under that type of immunity damages in tort may not be…

2Cases cited72 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Imbler v. PachtmanSupreme Court of the United States · 1976
  5. Pierson v. RaySupreme Court of the United States · 1967

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3Cited by33 opinions

  1. D'AOUST v. DiamondCourt of Appeals of Maryland · 2012
  2. Crown Oil and Wax Co. of Delaware, Inc. v. Glen Construction Co. of Virginia, Inc.Court of Appeals of Maryland · 1990
  3. Judy v. SchaeferCourt of Appeals of Maryland · 1993
  4. Davis v. DipinoCourt of Appeals of Maryland · 1995
  5. Dawkins v. Baltimore City Police DepartmentCourt of Appeals of Maryland · 2003

28 more not listed; retrieve them via the Exa API.

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