LD 1142
pg. 1
LD 1142 Title Page An Act to Provide for Suit Against Certain State Employees LD 1142 Title Page
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LR 2895
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 14 MRSA §8111, sub-§1, ķE, as enacted by PL 1987, c. 740, §8,
is amended to read:

 
E. Any intentional act or omission within the course and
scope of employment; provided, except that such immunity
shall does not exist in any case in which an employee's
actions are found to have been in bad faith. An employee of
the Department of Human Services who, for personal gain,
vengeance or other inappropriate personal motive, seeks to
deprive a person of rights under state or federal law with
respect to a child protection action or who collaborates
with another by action or inaction to achieve such a result,
acts in bad faith and is not entitled to absolute immunity
under this paragraph.

 
SUMMARY

 
This bill provides that an employee of the Department of Human
Services who, for inappropriate personal motives, seeks to
deprive a person of rights in a child protection action is not
entitled to absolute immunity from tort liability.


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