Correctional officer for county department of corrections, who underwent amputation of his foot after an infection, filed suit against county for violations of Maryland Fair Employment Practices Act (MFEPA) and county code section prohibiting discrimination, alleging that department illegally terminated his employment due to his disabilities and that department did so in retaliation for him raising discrimination concerns and requesting reasonable accommodations.
After jury returned verdict awarding officer damages totaling $1.7 million, the Circuit Court, Prince George’s County granted county’s motion for remittitur and reduced award to $400,000 pursuant to statutory damages cap under Local Government Tort Claims Act (LGTCA). Officer appealed. The Appellate Court reversed and remanded, and certiorari was granted.
The Supreme Court held that:
- Maryland Fair Employment Practices Act (MFEPA) claims are not subject to damages cap in Local Government Tort Claims Act (LGTCA);
- Statute providing that person that is subjected to discriminatory act prohibited by county code may bring and maintain civil action establishes valid cause of action for committing discriminatory act that is prohibited by Prince George’s County Code;
- LGTCA limitation on damages does not apply generally to all state statutory claims;
- LGTCA cap on damages applies to claims arising under statute stating that it applies to Prince George’s County and providing that person that is subjected to discriminatory act prohibited by county code may bring and maintain civil action for damages; and
- LGTCA cap on damages did not apply to correctional officer’s claims against county department of corrections under MFEPA.