An Act to Create a Right to Judicial Review Under the Maine Civil
Maine Legislature, Session 132, LD 2176
Committee: Judiciary
Sponsors: DUSON, SATO
Amends: 5 MRSA §4681, 5 MRSA §4682, 5 MRSA §4684-D, 14 MRSA §5538

Legislative Document
No. 2176
S.P. 881
In Senate, January 27, 2026
An Act to Create a Right to Judicial Review Under the Maine Civil 
Rights Act for Persons Erroneously Detained
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DUSON of Cumberland.
Cosponsored by Representative SATO of Gorham and
Senators: BAILEY of York, CARNEY of Cumberland, LAWRENCE of York, 
Representatives: DHALAC of South Portland, GATTINE of Westbrook, LEE of Auburn, 
RANA of Bangor, SINCLAIR of Bath.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4681, sub-§1, ¶A, as enacted by PL 2023, c. 287, §1, is amended 
to read:
A.  Violates section 4684‑B; or
Sec. 2.  5 MRSA §4681, sub-§1, ¶B, as enacted by PL 2023, c. 287, §1, is amended 
by amending subparagraph (5) to read:
(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.; or
Sec. 3.  5 MRSA §4681, sub-§1, ¶C is enacted to read:
C.  Unlawfully deprives another person of personal liberty when the Supreme Judicial 
Court or Superior Court enters a judgment issuing a writ of habeas corpus pursuant to 
Title 14, section 5514.
Sec. 4.  5 MRSA §4682, sub-§1-A, ¶A, as enacted by PL 2023, c. 287, §2, is 
amended to read:
A.  Violates section 4684‑B; or
Sec. 5.  5 MRSA §4682, sub-§1-A, ¶B, as enacted by PL 2023, c. 287, §2, is 
amended by amending subparagraph (5) to read:
(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.; or
Sec. 6.  5 MRSA §4682, sub-§1-A, ¶C is enacted to read:
C.  Unlawfully deprives another person of personal liberty when the Supreme Judicial 
Court or Superior Court enters a judgment issuing a writ of habeas corpus pursuant to 
Title 14, section 5514.
Sec. 7.  5 MRSA §4684-D is enacted to read:
§4684-D.  Right of habeas corpus
For purposes of this chapter, it is a violation of this chapter for a person to deprive 
another person of personal liberty. A judgment issuing a writ of habeas corpus pursuant to 
Title 14, section 5514 creates a presumption that the aggrieved person has been deprived 
of personal liberty.
Sec. 8.  14 MRSA §5538, first ¶ is amended to read:
No A penalty established by this chapter shall does not bar any action at common law 
for damages for false imprisonment or for damages related to a writ of habeas corpus 
pursuant to the Maine Civil Rights Act.
SUMMARY
This bill clarifies that a writ of habeas corpus creates a presumption that a person has 
been deprived of that person's personal liberty under the Maine Civil Rights Act. The bill 
also authorizes the Attorney General to bring a civil action if a person unlawfully deprives 
another person of personal liberty when the Supreme Judicial Court or Superior Court 
issues a writ of habeas corpus. Finally, the bill clarifies that there is no bar on any action 
for damages involving a writ of habeas corpus or for damages related to a writ of habeas 
corpus pursuant to the Maine Civil Rights Act.