esqappellate
President, MSI
- Feb 12, 2012
- 7,408
And yet, none of the persons retroactively prohibited under fsa2013 have brought suit. Even though we get about 2-3 per month posting here asking for legal advice.
Lawsuits are expensive and this nuance under the MD Constitution is easy to miss. It wasn't until the Court of Appeals of MD's decision in Doe v. Department of Public Safety and Correctional Services, 430 Md. 535, 552, 62 A.3d 123, 133 (2013), that the court stressed that the State Constitution ex post facto provision is broader in its protections than the federal constitution with respect to "civil" disabilities. Take a look at the attachment where the theory is set forth. There is a good suit to be had here.