Maine Revised Statutes Title 5 Sec. 4682 – Violations of constitutional rights; civil actions by aggrieved persons
Current as of: 2023 | Check for updates
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1. Remedy.
[PL 1991, c. 821, §2 (RP).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 5 Sec. 4682
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
1. (REALLOCATED TO T. 5, §4682, sub-§1-A) Interference with rights; private actions.
[RR 2001, c. 1, §11 (RAL).]
1-A. (REALLOCATED FROM T. 5, §4682, sub-§1) Interference with rights; private actions. A person whose exercise or enjoyment of the rights secured by the United States Constitution or the laws of the United States or of the rights secured by the Constitution of Maine or the laws of the State has been interfered with, or attempted to be interfered with, may institute and prosecute in that person’s own name and on that person’s own behalf a civil action for legal or equitable relief whenever any person, whether or not acting under color of law:
B. Intentionally interferes or attempts to intentionally interfere with the exercise or enjoyment by any other person of those secured rights by:
(1) Physical force or violence against a person;
(2) Damage or destruction of property or trespass on property;
(3) Threatening physical force or violence against a person;
(4) Threatening damage or destruction of property or trespass on property; or
(5) Engaging in any conduct that would cause a reasonable person to suffer emotional distress or to fear death or bodily injury to that person or to a close relation. For purposes of this subparagraph, “close relation” and “emotional distress” have the same meanings as in Title 17?A, section 210?A, subsection 2, paragraph B and paragraph D, respectively. [PL 2023, c. 287, §2 (NEW).]
[PL 2023, c. 287, §2 (AMD).]
2. Place of action. The action under subsection 1 must be instituted in the Superior Court for the county where the alleged violator resides or has a principal place of business.
[PL 2001, c. 50, §2 (NEW).]
3. Jury trial. There is a right to a jury at the trial of an action on the merits under this section, but there is no right to a jury at the hearing of an application for a preliminary injunction or a temporary restraining order.
[PL 2001, c. 50, §2 (NEW).]
4. Service of order or injunction. Each temporary restraining order or preliminary or permanent injunction issued under this section must include a statement describing the penalties provided in this section for a knowing violation of the order or injunction. The clerk of the Superior Court shall transmit one certified copy of each order or injunction issued under this section to the appropriate law enforcement agency having jurisdiction over locations where the defendant is alleged to have committed the act giving rise to the action, and service of the order or injunction must be accomplished pursuant to the Maine Rules of Civil Procedure. Unless otherwise ordered by the court, service must be made by the delivery of a copy in hand to the defendant.
[PL 2001, c. 50, §2 (NEW).]
5. Violation of restraining order or injunction. A person who knowingly violates a temporary restraining order or preliminary or permanent injunction issued under this section commits a Class D crime.
[PL 2001, c. 50, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 582 (NEW). PL 1991, c. 821, §2 (RPR). PL 1993, c. 442, §2 (AMD). PL 1995, c. 417, §2 (AMD). PL 2001, c. 50, §2 (RPR). RR 2001, c. 1, §11 (COR). PL 2023, c. 287, §2 (AMD).