Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-1001
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 5-1001
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: means a county of the State or Baltimore City. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) (1) “Administrative remedy” means any procedure for review of a prisoner’s complaint or grievance, including judicial review, if available, that is provided by the Department, the Division of Correction, or any county or other municipality or political subdivision, and results in a written determination or disposition.
(2) “Administrative remedy” includes a proceeding under Title 10, Subtitle 2 of the State Government Article or Title 10, Subtitle 2 of the Correctional Services Article.
(c) (1) “Civil action” means a legal action seeking money damages, injunctive relief, declaratory relief, or any appeal filed in any court in the State that relates to or involves a prisoner’s conditions of confinement.
(2) “Civil action” includes:
(i) An appeal of an administrative remedy to any court;
(ii) A petition for mandamus against the prisoner’s custodian, its officers or employees, or any official or employee of the Department;
(iii) Any tort claim against a custodian, the custodian’s officers or employees, or any employee or official of the Department;
(iv) Any action alleging a violation of civil rights against a custodian, the custodian’s officers and employees, or any official or employee of the Department; or
(v) Any appeal, application for leave to appeal, or petition for certiorari.
(3) “Civil action” does not include a postconviction petition or petition for habeas corpus relief.
(d) “Conditions of confinement” means any circumstance, situation or event that involves a prisoner’s custody, transportation, incarceration, or supervision.
(e) “Custodian” means the institution or agency that has custody of the prisoner.
(f) “Department” means the Department of Public Safety and Correctional Services.
(g) (1) “Prisoner” means a person who is in the custody of the Department or a local detention center.
(2) “Prisoner” includes pretrial detainees.