Resolve, Allowing Christy Reposa and Michaela Corbin-Bumford to Sue the State
Maine Legislature, Session 121, LD 0730
Committee Amendment CA_A_H356 (House)

COMMITTEE AMENDMENT " ft., to H. P • 536, L.D. 730, "Resolve, 
Allowing Christy Reposa and Michaela Corbin-Bumford to Sue the 
State" 
Amend the resolve by striking out the title and substituting 
the following: 
'Resolve, Allowing Christy Reposa and John Wagg To Sue the State' 
Further amend the resolve by striking out everything after 
the title and before the summary and inserting in its place the 
following: 
'Sec. 
1. 
Authorization 
to 
sue 
State. 
Resolved: 
That, 
notwithstanding 
any statute or 
common 
law to 
the 
contrary, 
Christy Reposa and John Wagg, the parents of Logan Marr, or their 
legal representative, who claim to have suffered damages as a 
result of the death of Logan Marr while she was in the custody of 
the Department of Human Services, are authorized to bring a civil 
action for damages against the Department of Human Services, but 
not against a past or present employee of the Department of Human 
Services. 
This resolve is a waiver of the State's defense of 
immunity under the Maine Revised Statutes, Title 14, chapter 741. 
This action may be brought in the Kennebec County Superior 
Court within one year from the date this resolve is approved. 
In 
all other respects, this action must be brought in accordance 
Page I-LR1457(2) 
COMMITTEE AMENDMENT 
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S 
IS 
COMMITTEE AMENDMENT .. {1., to H.P. 536, L.D. 730 
with Title IS-A, section 2-S04. 
The ISO-day notice requirement 
set forth in Title 14, section Sl07 is waived. 
Liability and 
damages, including punitive damages, must be determined according 
to state law as in litigation between individuals. 
The action 
may be heard by a Justice of the Superior Court or by a jury. The 
Maine Rules of Civil Procedure govern the conduct of the action. 
The Attorney General shall appear, answer and defend the action. 
The Treasurer of State shall pay any judgment, including 
costs and interest, on final process issued by Superior Court or, 
if applicable, 
the Supreme Judicial Court. 
Recovery may not 
exceed $400,000, including costs, interest and punitive damages.' 
SUMMARY 
This 
amendment 
replaces 
the 
resolve. 
The 
amendment 
authorizes Christy Reposa and John Wagg, the parents of Logan 
Marr, to sue the State under the State's wrongful death laws. The 
amendment clarifies that the resolve authorizes suit against the 
Department of Human Services and constitutes a waiver of the 
State's defense of immunity under the Maine Tort Claims Act. The 
amendment also clarifies that the maximum amount of recovery is 
$400,000, including costs, interest and punitive damages. 
FISCAL :\OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/29/03 ~ae 
Office of Fiscal and Program Review 
LD730 
Resolve, Allowing Christy Reposa and Michaela Corbin-Bumford to Sue 
the State 
LR 1457(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
This Resolve allows the State to be sued up to a maximum amount of $400,000 including costs and interest. If the 
plaintiff is successful, a General Fund appropriation for the recovery will be necessary. The amount and timing of the 
appropriation will depend on whether the suit is filed and its outcome. The Department of the Attorney General and 
the Department of Human Services can absorb the additional costs of defending this claim within existing resources. 
The Judicial Department can absorb the workload and administrative costs associated with this individual case within 
its existing resources. An additional filing fee will increase General Fund revenue by a minor amount. 
LR1457(2) - Fiscal Note - Page 1 of 1