Section 8241 - Wrongful imprisonment1.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. [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; [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; [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 [1993, c. 480, §1(NEW).]D. That the court finds that the person is innocent of the crime for which the person was convicted. [1993, c. 480, §1(NEW).] [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. [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. [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. [1993, c. 480, §1(NEW).]
1993, c. 480, § 1 (NEW) .