MANDEL v. O'HARA

No. 33, September Term, 1990.

320 Md. 103 (1990)

576 A.2d 766

MARVIN MANDEL v. JAMES F. O'HARA, III ET AL.

Court of Appeals of Maryland.

July 27, 1990.


Attorney(s) appearing for the Case

Marvin Mandel, Annapolis, and H. Thomas Howell (Semmes, Bowen & Semmes, Baltimore, on brief), for petitioner.

Roy L. Mason (Angus R. Everton, Gary R. Jones, Montedonico & Mason, Chartered, Baltimore, on brief), for respondents.

Argued Before COLE, RODOWSKY, JOHN J. GARRITY, Judge of Court of Special Appeals (Specially Assigned), THEODORE G. BLOOM, Judge of the Court of Special Appeals, Specially Assigned, DALE R. CATHELL, Judge of the Court of Special Appeals, Specially Assigned, MARVIN H. SMITH, Judge of the Court of Appeals (Retired), Specially Assigned, and JAMES S. GETTY, Judge of the Court of Special Appeals (Retired), Specially Assigned.


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 legislation. 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...

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