reglab/housing_qa huggingface dataset:
14 ME Rev Stat § 8104-C (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8104-C. Wrongful death action

 §8104-C. Wrongful death action Subject to any immunity provided by this chapter or otherwise provided by law, actions for the death of a person brought by the personal representatives of the deceased person against a governmental entity or employee must be brought in the same manner that is provided for similar actions in Title 18-C, section 2-807, and amounts recovered must be disposed of as required in that section, except that the limitations of sections 8104-D and 8105 apply.   [PL 2017, c. 402, Pt. C, §30 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 1987, c. 740, §4 (NEW). PL 2017, c. 402, Pt. C, §30 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
14 ME Rev Stat § 8104-D (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8104-D. Personal liability of employees of a governmental entity

 §8104-D. Personal liability of employees of a governmental entity Except as otherwise expressly provided by section 8111 or by any other law, and notwithstanding the common law, the personal liability of an employee of a governmental entity for negligent acts or omissions within the course and scope of employment shall be subject to a limit of $10,000 for any such claims arising out of a single occurrence and the employee is not liable for any amount in excess of that limit on any such claims.   [PL 1987, c. 740, §4 (NEW).]SECTION HISTORY PL 1987, c. 740, §4 (NEW).
14 ME Rev Stat § 8105 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8105. Limitation on damages

 §8105. Limitation on damages 1.  Limit established.  In any claim or cause of action permitted by this chapter, the award of damages, including costs, against either a governmental entity or its employees, or both, may not exceed $400,000 for any and all claims arising out of a single occurrence.   [PL 1999, c. 460, §1 (AMD); PL 1999, c. 460, §2 (AFF).] 1-A.  Limit established for out-of-state transit district or regional transportation corporation.   [PL 2011, c. 520, §2 (NEW); MRSA T. 14 §8105, sub-§1-A (RP).] 2.  Costs.  Court costs, prejudgment interest and all other costs that a court may assess must be included within the damage limit specified by this section. Accrued post-judgment interest may not be included within the damage limit.   [PL 1995, c. 61, §1 (AMD).] 3.  Claims in excess of limit.  When a claimant or several claimants believe they may have a claim against the State in excess of the limit established in subsection 1, or for a claim for which the State is immune, they may apply to the Legislature for special authorization to proceed within another specified limit.   [PL 1977, c. 2, §2 (NEW).] 4.  Apportionment of claims.  When the amount awarded to or settled for multiple claimants exceeds the limit imposed by this section, any party may apply to the Superior Court for the county in which the governmental entity is located to allocate to each claimant his equitable share of the total, limited as required by this section.   A. Any award by the court in excess of the maximum liability limit specified by subsection 1 shall be automatically abated by operation of this section to the maximum limit of liability.   [PL 1977, c. 2, §2 (NEW).][PL 1977, c. 2, §2 (NEW).] 5.  Exclusion from judgment or award.  No judgment or award against a governmental entity shall include punitive or exemplary damages.   [PL 1977, c. 2, §2 (NEW).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 78, §113 (AMD). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1987, c. 740, §5 (AMD). PL 1995, c. 61, §1 (AMD). PL 1999, c. 460, §1 (AMD). PL 1999, c. 460, §2 (AFF). PL 2011, c. 520, §2 (AMD).
14 ME Rev Stat § 8106 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8106. Jurisdiction of the court

 §8106. Jurisdiction of the court 1.  Original jurisdiction.  The Superior Court shall have original jurisdiction over all claims permitted under this chapter and not settled in accordance with section 8109.   [PL 1977, c. 78, §114 (AMD).] 2.  Appeals.     A. Copies of each notice of appeal filed in an action arising under this chapter shall be served on the Attorney General at the same time as such notice is served upon the parties to the action.   [PL 1977, c. 2, §2 (NEW).]B. The Attorney General shall have the right to appear before the Supreme Judicial Court by brief and oral argument as a friend of the court in any appeal in an action arising under this chapter where the Attorney General is not appearing representing a party to the action.   [PL 1977, c. 2, §2 (NEW).][PL 1977, c. 2, §2 (NEW).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 78, §114 (AMD). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
14 ME Rev Stat § 8108 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8108. Time for allowance or denial of claims

 §8108. Time for allowance or denial of claims Within 120 days after the filing of the claim with the governmental entity, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial of the monetary damages claimed. A claim shall be deemed to have been denied if at the end of the 120-day period the governmental entity has failed to approve or deny the claim.   [PL 1977, c. 2, §2 (NEW).]SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
14 ME Rev Stat § 8109 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8109. Compromise and settlement

 §8109. Compromise and settlement 1.  Procedures for State.  The State has authority to settle claims filed against it pursuant to sections 8104-A, 8104-B, 8104-C and 8104-D in accordance with the following procedures.   A. Any agency may settle any claim for an amount of $1,500 or less when such settlement is approved by the appropriate department or agency head in accordance with rules adopted by the Commissioner of Administrative and Financial Services.   [PL 1991, c. 780, Pt. Y, §114 (AMD).]B. Any other claim may be settled when such settlement is approved by the head of the department or agency against which the claim is filed, the Commissioner of Administrative and Financial Services and the Attorney General.   [PL 1991, c. 780, Pt. Y, §114 (AMD).][PL 2009, c. 652, Pt. B, §4 (AMD).] 2.  Procedures for political subdivisions.  Any political subdivision may settle claims filed against it pursuant to sections 8104-A, 8104-B, 8104-C and 8104-D in accordance with procedures duly promulgated by its governing body.   [PL 2009, c. 652, Pt. B, §5 (AMD).] 3.  Limitations on payment under settlement.  When the State or a political subdivision becomes obligated to pay a claim as a result of a settlement, the limitations on payment provided by sections 8105 and 8115 shall apply in the same manner as if the State or political subdivision in question became obligated to pay the funds as a result of a judgment of the court.   [PL 1977, c. 2, §2 (NEW).] 4.  Release.  The acceptance by a claimant of any settlement under this section shall be final and conclusive on the claimant and shall constitute a complete release of any further claims against the governmental entity and against any employees of the governmental entity whose acts or omissions gave rise to the claim.   [PL 1987, c. 740, §7 (NEW).] 5.  Settlement agreement public record.  Except for information that is designated confidential by statute or that is not a public record under Title 1, section 402, subsection 3, a settlement agreement entered into by a governmental entity under this section, including a payment by an insurer of the governmental entity, is a public record.   [PL 2019, c. 215, §1 (NEW).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 78, §§115,116 (AMD). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1985, c. 81 (AMD). PL 1985, c. 785, §§A88,89 (AMD). PL 1987, c. 402, §§A104,A105 (AMD). PL 1987, c. 740, §7 (AMD). PL 1991, c. 780, §Y114 (AMD). PL 2009, c. 652, Pt. B, §§4, 5 (AMD). PL 2019, c. 215, §1 (AMD).
14 ME Rev Stat § 8110 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8110. Limitation of actions

 §8110. Limitation of actions Every claim against a governmental entity or its employees permitted under this chapter is forever barred from the courts of this State, unless an action therein is begun within 2 years after the cause of action accrues, except that, if the claimant is a minor when the cause of action accrues, the action may be brought within 2 years of the minor's attaining 18 years of age.   [PL 2001, c. 249, §2 (AMD).]SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 2001, c. 249, §2 (AMD).
14 ME Rev Stat § 8111 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8111. Personal immunity for employees; procedure

 §8111. Personal immunity for employees; procedure 1.  Immunity.  Notwithstanding any liability that may have existed at common law, employees of governmental entities shall be absolutely immune from personal civil liability for the following:   A. Undertaking or failing to undertake any legislative or quasi-legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, ordinance, order, rule, policy, resolution or resolve;   [PL 1987, c. 740, §8 (RPR).]B. Undertaking or failing to undertake any judicial or quasi-judicial act, including, but not limited to, the granting, granting with conditions, refusal to grant or revocation of any license, permit, order or other administrative approval or denial;   [PL 1987, c. 740, §8 (RPR).]C. Performing or failing to perform any discretionary function or duty, whether or not the discretion is abused; and whether or not any statute, charter, ordinance, order, resolution, rule or resolve under which the discretionary function or duty is performed is valid;   [PL 1987, c. 740, §8 (RPR).]D. Performing or failing to perform any prosecutorial function involving civil, criminal or administrative enforcement;   [PL 2001, c. 662, §7 (AMD).]E. Any intentional act or omission within the course and scope of employment; provided that such immunity does not exist in any case in which an employee's actions are found to have been in bad faith; or   [PL 2001, c. 662, §8 (AMD).]F. Any act by a member of the Maine National Guard within the course and scope of employment; except that immunity does not exist when an employee's actions are in bad faith or in violation of military orders while the employee is performing active state service pursuant to Title 37-B.   [PL 2001, c. 662, §9 (NEW).]The absolute immunity provided by paragraph C shall be applicable whenever a discretionary act is reasonably encompassed by the duties of the governmental employee in question, regardless of whether the exercise of discretion is specifically authorized by statute, charter, ordinance, order, resolution, rule or resolve and shall be available to all governmental employees, including police officers and governmental employees involved in child welfare cases, who are required to exercise judgment or discretion in performing their official duties.   [PL 2001, c. 662, §§7-9 (AMD).] 2.  Attachment and trustee process.  Attachment, pursuant to Rule 4A, Maine Rules of Civil Procedure, and trustee process, pursuant to Rule 4B, Maine Rules of Civil Procedure, shall not be used in connection with the commencement of a civil action against an employee of a governmental entity based on any act or omission of the employee in the course and scope of employment.   [PL 1987, c. 740, §9 (AMD).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1987, c. 427, §§1,2 (AMD). PL 1987, c. 740, §§8,9 (AMD). PL 1989, c. 502, §A40 (AMD). PL 2001, c. 662, §§7-9 (AMD).
14 ME Rev Stat § 8113 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8113. Liability not expanded, other remedies are exclusive

 §8113. Liability not expanded, other remedies are exclusive 1.  Liability not expanded unless chapter expressly provides.  Except as expressly provided herein, nothing in this chapter shall enlarge or otherwise adversely affect the liability of an employee or a governmental entity. Any immunity or other bar to a civil lawsuit under Maine or federal law shall, where applicable, remain in effect.   [PL 1977, c. 2, §2 (NEW).] 2.  Effect of other statutes concerning immunity.  When any other statute expressly provides a waiver of governmental, sovereign or official immunity, the provisions of that statute shall be the exclusive method for any recovery of funds in any fact situation to which that statute applies.   [PL 1977, c. 2, §2 (NEW).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
14 ME Rev Stat § 8114 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8114. Judgment against governmental entity or employee; effect

 §8114. Judgment against governmental entity or employee; effect 1.  Separate action against governmental employee.  Any judgment against a governmental entity shall constitute a complete bar to a separate action for damages by the claimant, by reason of the same subject matter, against any public employee whose act or omission gave rise to the claim.   [PL 1977, c. 2, §2 (NEW).] 2.  Separate action against governmental entity.  Any judgment against any public employee whose act or omission gave rise to the claim shall constitute a complete bar to a separate action for injury by the claimant, by reason of the same subject matter, against a governmental entity.   [PL 1977, c. 2, §2 (NEW).] 3.  Joinder.  Nothing contained in this section shall be construed as preventing the joinder of any governmental entity or employee of such governmental entity in the same action.   [PL 1977, c. 2, §2 (NEW).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
14 ME Rev Stat § 8115 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8115. Payment of claims or judgments when no insurance

 §8115. Payment of claims or judgments when no insurance 1.  Payment from next appropriation.  In the event no insurance has been procured by the State to pay a claim or judgment arising under this chapter, and no appropriated funds are reasonably available, as determined by the Commissioner of Administrative and Financial Services, the claim or judgment must be paid from the next appropriation to the state instrumentality whose action or omission, or the action or omission of whose employee, gave rise to the claim.   [PL 1991, c. 780, Pt. Y, §115 (AMD).] 2.  Subdivision's plan for payment.  In the event that a political subdivision has not procured insurance, the trial judge may accept a reasonable plan for the payment of the amount of the judgment. A payment plan may not exceed 5 years and may include interest at the rate provided in section 1602-C.   [PL 2003, c. 460, §8 (AMD).] SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1985, c. 785, §A90 (AMD). PL 1987, c. 402, §A106 (AMD). PL 1991, c. 780, §Y115 (AMD). PL 2003, c. 460, §8 (AMD).
14 ME Rev Stat § 8116 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8116. Liability insurance

 §8116. Liability insurance The legislative or executive body or any department of the State or any political subdivision may procure insurance against liability for any claim against it or its employees for which immunity is waived under this chapter or under any other law. If the insurance provides protection in excess of the limit of liability imposed by section 8105, then the limits provided in the insurance policy shall replace the limit imposed by section 8105. If the insurance provides coverage in areas where the governmental entity is immune, the governmental entity shall be liable in those substantive areas but only to the limits of the insurance coverage. Reserve funds, excess insurance or reinsurance contracts maintained by a governmental entity, by an insurer providing liability insurance or by a public self-funded pool to meet obligations imposed by this Act shall not increase the limits of liability imposed by section 8105.   [PL 1987, c. 740, §15 (AMD).]A governmental entity or a public self-funded pool, which self-insures against the obligations and liabilities imposed by this Act, shall designate funds set aside to meet such obligations and liabilities as self-insurance funds. Any such governmental entity which self-insures under this Act or any entity that is a member of a public self-funded pool shall maintain as part of its public records a written statement which shall include a provision setting forth the financial limits of liability assumed by the governmental entity, those limits to be no less than the limits imposed in this Act, and a provision setting forth the scope of the liability assumed by the governmental entity, or the pool, that scope to be no less than that imposed in this Act.   [PL 1985, c. 713, §2 (AMD).]A governmental entity may purchase insurance or may self-insure on behalf of its employees to insure them against any personal liability for which a governmental entity is obligated or entitled to provide defense or indemnity under section 8112.   [PL 1987, c. 740, §16 (RPR).]Any insurance purchased by the State under this section must be purchased through the Department of Administrative and Financial Services, Risk Management Division.   SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 578, §§5,5-A (AMD). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD). PL 1981, c. 602, §§1,2 (AMD). PL 1985, c. 599, §3 (AMD). PL 1985, c. 713, §§1,2 (AMD). PL 1987, c. 740, §§15,16,17 (AMD). PL 2007, c. 466, Pt. A, §37 (AMD).
14 ME Rev Stat § 8117 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8117. Prior claims

 §8117. Prior claims This chapter does not apply to any claim against any governmental entity or employee arising before its effective date. Any such claim may be presented and enforced to the same extent and be subject to the same defenses and limitations on recovery as if this chapter had not been adopted and as though any statute repealed by this chapter had remained in effect, and as though the doctrines of sovereign, governmental and official immunity had remained in full force and effect. Nothing herein shall be construed as denying a governmental entity the right or authority to defend or settle any claim either against it or against any of its employees pending at the time of the effective date of this chapter.   [PL 1977, c. 2, §2 (NEW).]SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
14 ME Rev Stat § 8118 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 741: TORT CLAIMS|14 §8118. Eleventh amendment

 §8118. Eleventh amendment Nothing in this chapter or any other provision of state law shall be construed to waive the rights and protections of the State under the Eleventh Amendment of the United States Constitution, except where such waiver is explicitly stated by law and actions against the State for damages shall only be brought in the courts of the State in accordance with this chapter.   [PL 1977, c. 2, §2 (NEW).]SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).
14 ME Rev Stat § 8201 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 743: WRONGFUL IMPRISONMENT|14 §8201. Wrongful imprisonment (REPEALED)

 §8201. Wrongful imprisonment (REPEALED)SECTION HISTORY PL 1985, c. 436, §§1,3 (NEW).
14 ME Rev Stat § 8202 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 743: WRONGFUL IMPRISONMENT|14 §8202. Limitation on damages (REPEALED)

 §8202. Limitation on damages (REPEALED)SECTION HISTORY PL 1985, c. 436, §§1,3 (NEW).
14 ME Rev Stat § 8203 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 743: WRONGFUL IMPRISONMENT|14 §8203. Jurisdiction (REPEALED)

 §8203. Jurisdiction (REPEALED)SECTION HISTORY PL 1985, c. 436, §§1,3 (NEW).
14 ME Rev Stat § 8204 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 743: WRONGFUL IMPRISONMENT|14 §8204. Limitation of action (REPEALED)

 §8204. Limitation of action (REPEALED)SECTION HISTORY PL 1985, c. 436, §§1,3 (NEW).
14 ME Rev Stat § 8241 (2021)
2021 Maine Revised Statutes|TITLE 14: COURT PROCEDURE -- CIVIL|Part 7: PARTICULAR PROCEEDINGS|Chapter 747: WRONGFUL IMPRISONMENT|14 §8241. Wrongful imprisonment

 §8241. Wrongful imprisonment 1.  Exceptions to immunity.  Notwithstanding any immunity of the State from suit, including the Maine Tort Claims Act, chapter 741, the State is liable for the wrongful imprisonment of a person.   [PL 1993, c. 480, §1 (NEW).] 2.  Action.  The State is liable for damages for wrongful imprisonment of a person if that person alleges and proves the following by clear and convincing evidence:   A. That the person was convicted of a criminal offense under the laws of this State;   [PL 1993, c. 480, §1 (NEW).]B. That as a result of that conviction, the person was sentenced to a period of incarceration and was actually incarcerated;   [PL 1993, c. 480, §1 (NEW).]C. That subsequent to the conviction and as a condition precedent to suit, the person received a full and free pardon pursuant to the Constitution of Maine, Article V, Part First, Section 11, which is accompanied by a written finding by the Governor who grants the pardon that the person is innocent of the crime for which that person was convicted; and   [PL 1993, c. 480, §1 (NEW).]D. That the court finds that the person is innocent of the crime for which the person was convicted.   [PL 1993, c. 480, §1 (NEW).][PL 1993, c. 480, §1 (NEW).] 3.  Scope of law.  For purposes of this chapter, a person is deemed to have committed a criminal offense notwithstanding a finding by a state or federal court that the law under which the person was convicted is violative of the Constitution of Maine or the United States Constitution.   [PL 1993, c. 480, §1 (NEW).] 4.  Governor's denial of request.  A Governor's failure to issue a written finding that the person is innocent of the crime for which the person was convicted is final and not subject to judicial view.   [PL 1993, c. 480, §1 (NEW).] 5.  Settlement.  After commencement of an action under subsection 2, the Attorney General may compromise or settle any claim under this chapter.   [PL 1993, c. 480, §1 (NEW).] SECTION HISTORY PL 1993, c. 480, §1 (NEW).