Legal Opinion

Bailey v. City of Annapolis

Court of Special Appeals of Maryland

Decided September 1, 2021No. 2311/19Published

1Opinion of the Court

James E. Bailey v. City of Annapolis, et al., No. 2311, September Term, 2019. Opinion by Adkins, Sally D., J. IMMUNITY—PUBLIC OFFICIAL IMMUNITY—DISCRETIONARY VERSUS MINISTERIAL DUTIES: Police officers are entitled to common law public official immunity for discretionary acts done without malice. When an officer acts on the obedience of orders without any room for personal judgment or discretion, the action is ministerial, and thus not protected by public official immunity. Here, a police officer acted in a ministerial capacity when applying for a new, corrected warrant based on specific…

2Cases cited34 opinions

  1. Ashton v. BrownCourt of Appeals of Maryland · 1995
  2. Barbre v. PopeCourt of Appeals of Maryland · 2007
  3. Ashburn v. Anne Arundel CountyCourt of Appeals of Maryland · 1986
  4. Gross v. Sussex Inc.Court of Appeals of Maryland · 1993
  5. Lee v. ClineCourt of Appeals of Maryland · 2004

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