Maine § 8241. - Wrongful imprisonment
Full text of Maine Maine Revised Statutes § 8241. — Wrongful imprisonment, with citation guidance and answers to common questions.
§ 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.
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).]
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.
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.
5. Settlement. After commencement of an action under subsection 2, the Attorney General may compromise or settle any claim under this chapter.
Frequently Asked Questions About Maine § 8241.
What does Maine Revised Statutes § 8241. cover?
Section 8241. ("Wrongful imprisonment") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 8241.?
A common citation format is "Maine Revised Statutes § 8241." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 8241. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.