ANNAPOLIS, Md. — The Supreme Court of Maryland ruled that a former Prince George’s County correctional officer’s state employment discrimination and retaliation claims are not subject to Maryland’s general $400,000 cap on local government tort damages, potentially restoring a substantially larger portion of a $1.7 million jury award.
The court issued its decision July 13, 2026, in Prince George’s County v. Joseph Watts.
Joseph Watts, a former correctional officer with the Prince George’s County Department of Corrections, sued the county after his left foot was amputated following an infection. Watts alleged the department discriminated against him during his efforts to return to work, failed to accommodate his disability and later fired him in retaliation for raising discrimination concerns.
A Prince George’s County jury found the county liable for disability discrimination and retaliation and awarded Watts $1.7 million.
The award included approximately:
- $255,681 in back pay
- $240,528 in future monetary losses
- $601,895.50 in other damages for disability discrimination
- $601,895.50 in other damages for retaliation
The circuit court later applied the Local Government Tort Claims Act and reduced the award to $400,000, plus attorney’s fees and costs.
The Appellate Court of Maryland reversed that decision, concluding the local government damages cap did not apply because Watts’ claims arose from statutory violations rather than traditional tort claims.
In its latest ruling, Maryland’s highest court agreed in part.
Chief Justice Matthew J. Fader wrote that claims brought under the Maryland Fair Employment Practices Act are governed by the limits and remedies contained within that law, not the separate Local Government Tort Claims Act.
The state employment law expressly applies to county governments, requires government employers to be treated like private employers and contains its own damages limits based on the employer’s size.
For an employer with more than 500 employees, the law generally caps certain compensatory damages at $300,000. That limit does not apply to back pay.
The court therefore ruled that Watts’ disability discrimination and retaliation claims under the Maryland Fair Employment Practices Act are not restricted by the local government’s $400,000 tort cap.
However, the court reached a different conclusion regarding Watts’ separate discrimination claim under a state law that allows lawsuits for violations of anti-discrimination provisions in the Prince George’s County Code.
The justices ruled that claim is subject to the Local Government Tort Claims Act because the statute does not contain a comprehensive damages system or show that lawmakers intended to treat local governments differently from the general limits imposed by the tort claims law.
The Supreme Court directed the lower court to calculate Watts’ judgment under both legal paths and award whichever amount is higher:
- His state employment discrimination and retaliation claims after applying the limits in the Maryland Fair Employment Practices Act
- His county-code discrimination claim after applying the Local Government Tort Claims Act cap
The ruling does not automatically restore the entire $1.7 million verdict. The final amount must now be recalculated by the Circuit Court for Prince George’s County.
Justice Shirley M. Watts filed a partial dissent, agreeing that the state employment law claims should not be subject to the local government tort cap but arguing the cap also should not apply to the Prince George’s County Code claim.
The Supreme Court affirmed part of the Appellate Court’s decision, reversed another portion and returned the case for further proceedings. Court costs were ordered split equally between Watts and Prince George’s County.
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