Victims of Constitutional Violations Can Now Sue State Officials Directly
State and local officials can be sued for violating constitutional rights in two ways: official capacity or personal capacity suits. Official capacity suits are like suing the government itself, while personal capacity suits target officials who abuse their power. Damages in official capacity suits are paid by the government, while in personal capacity suits, officials can be personally liable for damages. Some officials have absolute immunity from damages, while others have limited immunity. Maryland rulings on suits against state officials are compared to federal law to see when it's better to file a lawsuit in Maryland state court. Questions about fairness to defendants, the State Tort Claims Act, and the impact on officials' immunity are explored.