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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 14. COURT PROCEDURE -- CIVIL
Chapter : Chapter 747. WRONGFUL IMPRISONMENT (HEADING. PL 1993, c. 480, @1 (new))
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Title 14 - §8241. Wrongful imprisonment
Title 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
Chapter 747: WRONGFUL IMPRISONMENT (HEADING: PL 1993, c. 480, @1 (new))
§8241. Wrongful imprisonment
1. Exceptions to immunity. Notwithstanding any immunity of the State from suit, including the Maine Tort Claims Act, chapter 741, the State is liable
for the wrongful imprisonment of a person.
[1993, c. 480, §1 (new).]
2. Action. The State is liable for damages for wrongful imprisonment of a person if that person alleges and proves the following by
clear and convincing evidence:
A. That the person was convicted of a criminal offense under the laws of this State;
[1993, c. 480, §1 (new).]
B. That as a result of that conviction, the person was sentenced to a period of incarceration and was actually incarcerated;
[1993, c. 480, §1 (new).]
C. That subsequent to the conviction and as a condition precedent to suit, the person received a full and free pardon pursuant
to the Constitution of Maine, Article V, Part First, Section 11, which is accompanied by a written finding by the Governor
who grants the pardon that the person is innocent of the crime for which that person was convicted; and
[1993, c. 480, §1 (new).]
D. That the court finds that the person is innocent of the crime for which the person was convicted.
[1993, c. 480, §1 (new).]
[1993, c. 480, §1 (new).]
3. Scope of law. For purposes of this chapter, a person is deemed to have committed a criminal offense notwithstanding a finding by a state
or federal court that the law under which the person was convicted is violative of the Constitution of Maine or the United
States Constitution.
[1993, c. 480, §1 (new).]
4. Governor's denial of request. A Governor's failure to issue a written finding that the person is innocent of the crime for which the person was convicted
is final and not subject to judicial view.
[1993, c. 480, §1 (new).]
5. Settlement. After commencement of an action under subsection 2, the Attorney General may compromise or settle any claim under this chapter.
[1993, c. 480, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §8242. Limitation on damages
Title 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
Chapter 747: WRONGFUL IMPRISONMENT (HEADING: PL 1993, c. 480, @1 (new))
§8242. Limitation on damages
1. Damages; limitation. In any action for damages permitted by this chapter, the claim for and award of damages, including costs, against the State
may not exceed $300,000 for all claims arising as a result of a single conviction.
[1993, c. 480, §1 (new).]
2. Costs. Court costs, interest and all other costs that a court may assess are included within the damages limitation specified by
this section.
[1993, c. 480, §1 (new).]
3. Exclusion from judgment or award. A judgment or award against the State pursuant to this chapter may not include punitive or exemplary damages.
[1993, c. 480, §1 (new).]
4. Payable from General Fund. Any judgment or award of damages permitted by this chapter must be paid from the General Fund.
[1993, c. 480, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §8243. Jurisdiction
Title 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
Chapter 747: WRONGFUL IMPRISONMENT (HEADING: PL 1993, c. 480, @1 (new))
§8243. Jurisdiction
The Superior Court has original jurisdiction over all claims permitted under this chapter.
[1993, c. 480, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §8244. Limitation of action
Title 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
Chapter 747: WRONGFUL IMPRISONMENT (HEADING: PL 1993, c. 480, @1 (new))
§8244. Limitation of action
Every claim for wrongful imprisonment permitted under this chapter is forever barred from the courts of this State unless
an action is begun in the courts within 2 years after the date of the full and free pardon of the conviction on which the
claim is based.
[1993, c. 480, §1 (new); §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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