An Act Regarding State Court Remedies for Violations of Legal or Constitutional Rights by Federal Employees
Maine Legislature, Session 131, LD 1503
Committee: Judiciary
Sponsors: ANDREWS, FAULKINGHAM, TALBOT ROSS
Amends: 14 MRSA §7

Legislative Document
No. 1503
H.P. 958
House of Representatives, April 5, 2023
An Act Regarding State Court Remedies for Violations of Legal or 
Constitutional Rights by Federal Employees
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANDREWS of Paris.
Cosponsored by Representatives: FAULKINGHAM of Winter Harbor, Speaker TALBOT 
ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §7 is enacted to read:
§7.  Actions against federal employees
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Employee" means an individual employed or contracted by, deputized by, 
incorporated into a task force with or working in active cooperation with the Federal 
Government.
B.  "Federal Government" means the executive departments, independent 
establishments and corporations acting as instrumentalities or agencies of the United 
States and any contractor with the United States.
2.  State cause of action.  An employee who, under the color of any statute, ordinance, 
regulation, custom or usage of the Federal Government, violates a right under the laws of 
the State or the United States, the Constitution of Maine or the United States Constitution 
is liable to the party injured in an action at law for money damages. The plaintiff bears the 
burden of proving a violation of right under this subsection by a preponderance of the 
evidence.
3.  Jurisdiction in state court.  An action under this section arises out of the laws of 
the State. Jurisdiction of an action under this section is in the State's judicial system 
pursuant to the State's laws and rules of civil procedure.
4.  Judicial process.  The court's order in an action under this section must be supported 
by findings of fact and conclusions of law. The court shall make findings of fact in a bench 
trial, and the jury shall make findings of fact in a jury trial. The court shall make conclusions 
of law.
5.  Attorney's fees.  In any proceeding under this section in which a plaintiff's claim 
prevails, the defendant is liable for reasonable attorney's fees and other litigation costs. 
Reasonable attorney's fees under this subsection include fees incurred on an hourly or 
contingency basis or by an attorney providing services on a pro bono basis.  The court shall 
recognize that a plaintiff's claim prevails if the plaintiff obtains any relief the plaintiff seeks 
in its complaint, whether the relief is obtained via judgment, settlement or the defendant's 
voluntary change in behavior. Under the Maine Rules of Civil Procedure, Rule 11, the court 
may dismiss a frivolous claim and may award reasonable attorney's fees and litigation costs 
to the defendant for defending against a frivolous claim.
6.  Public information.  All documents, including complaints, judgments, settlements 
and consent decrees, related to an action under this section are subject to public disclosure.
SUMMARY
This bill allows a person to sue in state court an employee of the Federal Government 
who violates a right of the person under the laws of the State or the United States, the 
Constitution of Maine or the United States Constitution and requires attorney's fees and 
court costs to be paid to the person if the person's claim prevails.