An Act Creating a Private Right of Action Against a Government
Maine Legislature, Session 132, LD 1660
Committee: Judiciary
Sponsors: BOYER, HICKMAN
Amends: 5 MRSA §4684-D

Legislative Document
No. 1660
H.P. 1101
House of Representatives, April 15, 2025
An Act Creating a Private Right of Action Against a Government 
Employer
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Poland.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: BABIN of Fort Fairfield, CHAPMAN of Auburn, HASENFUS of Readfield, 
LEE of Auburn, LOOKNER of Portland, MILLIKEN of Blue Hill, SMITH of Palermo, 
WHITE of Guilford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4684-D is enacted to read:
§4684-D.  Claims against government entities
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Government" means the State, a county or municipal government and any other 
political subdivision of the State. 
B. "Government employee" means an individual employed or contracted by a 
government employer. 
C. "Government employer" means an executive, legislative or judicial agency, 
department, board, commission, authority, institution or instrumentality of the State or 
of a county, municipality or other political subdivision in this State. 
2. Applicability. Notwithstanding the Maine Tort Claims Act and any provision of this 
chapter to the contrary, if a claim is brought under section 4681 or 4682 against a 
government employer or government employee, under color of law, intentionally 
interfering or attempting to interfere with the exercise or enjoyment by any other person of 
a right secured by the United States Constitution or the Constitution of Maine, the 
provisions of this section apply.
3. Government employer; proper defendant. A government employer, and not the 
government employee, is liable for an injury caused by an act or omission of a government 
employee who violates a right of another person under the United States Constitution or 
the Constitution of Maine.  The proper defendant in an action under this section is the 
government employer and is not a government employee. 
4. Notification of government employee. A government employer shall notify the 
government employee whose act or omission is the subject of a claim under this chapter 
within 10 days of the government employer being served with a complaint pursuant to this 
section. 
5. Right to intervene. A government employee subject to a claim pursuant to this 
section has a right to intervene under the Maine Rules of Civil Procedure, Rule 24(a) as a 
3rd-party defendant in an action under this section. 
6. Limitation on damages. Notwithstanding Title 14, section 8104-D or any other 
provision of law to the contrary, a government employee may not be found financially 
liable in an action under this section.
7. Exceptions. Except as provided in subsection 10, an action brought under this 
section is not subject to:
A. Common law doctrines of immunity;
B. Qualified immunity;
C. Sovereign immunity, governmental immunity, custom or policy; or
D. Immunities and limitations on liability or damages under any other provision of law.
8. Judicial and legislative immunity. This section may not be construed to abrogate 
the immunity of judges or legislators at any level of government pursuant to Title 14, 
section 8104-B for actions taken in their judicial or legislative capacities.
9. Statute of limitations. A claim under this section must be commenced no later than 
years from the date the cause of action accrues.  
10. Evaluating use of force. When evaluating a government employee's use of force 
under the United States Constitution or the Constitution of Maine in an action under this 
section, the court shall evaluate the reasonableness of the force used from the perspective 
of a reasonable government employee on the scene confronted with the immediate facts 
and circumstances in existence when the force was used, giving due consideration to the 
fact that government employees often must make split-second decisions in tense, uncertain 
and rapidly evolving situations.  The court may not use hindsight or consider facts and 
circumstances that were later discovered when determining the reasonableness of the force 
used. 
11. Order. The court's order in an action under this section must be supported by 
findings of fact and conclusions of law. 
12. Attorney's fees and costs. Notwithstanding section 4683, with respect to a claim 
under this section: 
A. If a plaintiff prevails, the government is liable for reasonable attorney's fees and 
other litigation costs; and
B. If the court dismisses the complaint and makes a finding that the complaint was 
frivolous, the court may award reasonable attorney's fees and costs to the prevailing 
party. 
13. Termination of employment. For an employment contract or agreement entered 
into on or after the effective date of this section and notwithstanding any provision of law 
to the contrary, a court's finding that a government employee violated a right of another 
person under the United States Constitution or the Constitution of Maine under this chapter 
is evidence that the government employer has just cause for terminating the employment 
of the government employee.  The government employer's termination of an employment 
contract or agreement under this subsection does not affect the government employer's 
liability under this chapter.
SUMMARY
This bill creates a private right of action for a person against a government employer 
for an injury caused by an act or omission of a government employee who violates a right 
of another person under the United States Constitution or the Constitution of Maine.