Maine Revised Statutes Title 14 Sec. 8241 – Wrongful imprisonment
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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.
[PL 1993, c. 480, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 14 Sec. 8241
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
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; [PL 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; [PL 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 [PL 1993, c. 480, §1 (NEW).]
D. That the court finds that the person is innocent of the crime for which the person was convicted. [PL 1993, c. 480, §1 (NEW).]
[PL 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.
[PL 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.
[PL 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.
[PL 1993, c. 480, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 480, §1 (NEW).