300 A.3d 54
Md.2023Background
- Michele Williams worked at Morgan State University (MSU) as Director of Broadcast Operations (2014–2017); she alleges she blew the whistle on improper conduct (inflated expenses, political interference) and was terminated in retaliation.
- Williams sued in Baltimore City Circuit Court asserting Maryland common-law torts and federal statutory whistleblower claims under the NDAA and ARRA; defendants removed to federal court.
- The District Court dismissed; the Fourth Circuit vacated and certified a question to the Maryland Supreme Court asking whether the Maryland Tort Claims Act (MTCA) waiver for "a tort action" includes federal statutory claims.
- The MTCA (SG § 12-104) waives State sovereign immunity "as to a tort action, in a court of the State," and operates together with statutory immunity for State personnel (CJP § 5-522 and SG § 12-105).
- The Maryland Supreme Court held the MTCA does not generally waive State sovereign immunity for federal statutory claims, so Williams’ federal whistleblower claims against MSU are not covered by the MTCA waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MTCA's waiver of sovereign immunity for "a tort action" includes federal statutory claims (e.g., NDAA, ARRA) | "Tort action" is broad and should be construed to include federal statutory causes of action; MTCA must be read broadly to provide remedies. | MTCA contains no express waiver for federal claims; waiver must be read in context with personnel immunity and as a gap-filler for state torts; Legislature would have spoken plainly if it meant to waive immunity for federal claims. | No. MTCA does not generally waive State sovereign immunity for federal statutory claims; the waiver is limited and must be read with the MTCA’s context (including State personnel immunity) and legislative choices. |
Key Cases Cited
- United States v. Nordic Village, Inc., 503 U.S. 30 (ancient lineage of sovereign immunity)
- Howlett ex rel. Howlett v. Rose, 496 U.S. 356 (states cannot cloak officers with immunity from federal causes of action)
- Alden v. Maine, 527 U.S. 706 (states may consent to some suits while retaining immunity for others)
- Lee v. Cline, 384 Md. 245 (MTCA covers constitutional and intentional torts within scope of employment)
- Green v. N.B.S., Inc., 409 Md. 528 (definition of "tort" for purposes of damages cap and statutory actions)
- Proctor v. Washington Metro. Area Trans. Auth., 412 Md. 691 (MTCA as a gap-filler; scope of sovereign immunity)
- Zimmer-Rubert v. Bd. of Educ., 409 Md. 200 (contrast between broad "any claim" waivers and MTCA's narrower language)
- Newell v. Runnels, 407 Md. 578 (mutual exclusivity of State liability and employee immunity under MTCA)
- Barbre v. Pope, 402 Md. 157 (background on MTCA waiver)