Right of Self-defense in Maryland - Civil Immunity

Civil Immunity

While the use of force in self-defense may be justifiable, the person defending himself or herself still runs the risk of being sued by the attacker for monetary damages. In 2010, the Maryland General Assembly passed, and Governor Martin O'Malley signed, a bill to address this issue and to provide for an immunity to such civil lawsuits in certain cases in which a person used force, including deadly force, to defend his or her home or business. The statute — § 5-808 of the Courts and Judicial Proceedings Article of the Maryland Code — provides as follows:

(a) In this section, "person" does not include a governmental entity.

(b) A person is not liable for damages for a personal injury or death of an individual who enters the person's dwelling or place of business if:

(1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and

(2) The amount and nature of the force used by the person is reasonable under the circumstances.

(c) Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14-101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.

(d) The court may award costs and reasonable attorney's fees to a defendant who prevails in a defense under this section.

(e) This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.

The statute essentially codifies the common law rule of self-defense. It is arguable that the statute makes the "Castle Doctrine" applicable to actions committed to defend a person's business. But the statute is not entirely clear on that point, because of its requirement that the force be "reasonable under the circumstances" and the absence of specific language saying that the defendant may stand his or her ground in the business. Importantly, the statute also provides that, if a defendant prevails in a defense under the statute, then the court "may" order the plaintiff to pay the defendant's costs and reasonable attorney's fees. The statute further provides that the immunity which it creates does not apply if the defendant had been convicted of certain criminal charges in connection with the incident.

By its terms, the statute does not apply to criminal prosecutions.

The General Assembly enacted the statute nine years after an incident that occurred on the night of March 19, 2001, in which one or both of the co-owners of a cement company in Glyndon, Maryland opened fire on three intruders on the company's premises, killing one of them and wounding the other two. The company's premises had also been burglarized the two previous nights, and the two co-owners (who were brothers) were staying overnight at the business to guard it. In February 2004, the estate and young son of the deceased intruder sued the two brothers and their company for damages. According to online records of the Maryland court system, the plaintiffs dropped the lawsuit on January 28, 2005. It is not stated in the online records whether or not the case was settled.

Within days of the shooting in 2001, bills were introduced in each of the two chambers of the General Assembly to shield business owners from civil lawsuits for deadly force against a person "who unlawfully and forcefully enters" the business. The state Senate passed its bill, but the House of Delegates took no action on the measure or on the bill that had been introduced in the House. In 2004, 2005, 2008, and 2009, the House of Delegates passed bills on the subject, but none of the bills made it out of committee in the state Senate. The statute that the General Assembly enacted in 2010 had wording that was different from the language of the prior bills.