LD 56
pg. 1
LD 56 Title Page An Act to Provide the Right to a Jury Trial in Civil Actions for Civil Rights V... Page 2 of 2
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LR 297
Item 1

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

 
Sec. 1. 5 MRSA §4681, as amended by PL 1995, c. 417, §1, is further
amended to read:

 
§4681. Violations of constitutional rights; civil action by

 
Attorney General

 
Whenever any person, whether or not acting under color of law,
intentionally interferes or attempts to intentionally interfere
by physical force or violence against a person, damage or
destruction of property or trespass on property or by the threat
of physical force or violence against a person, damage or
destruction of property or trespass on property with the exercise
or enjoyment by any other person of rights secured by the United
States Constitution or the laws of the United States or of rights
secured by the Constitution of Maine or laws of the State or
violates section 4684-B, the Attorney General may bring a civil
action for injunctive or other appropriate equitable relief in
order to protect the peaceable exercise or enjoyment of the
rights secured. Each violation of this section is a civil
violation for which a civil penalty of not more than $5,000 for
each defendant may be adjudged. These penalties must be applied
by the Attorney General in carrying out this chapter. The civil
action must be brought in the name of the State and instituted in
the Superior Court for the county where the alleged violator
resides or has a principal place of business or where the alleged
violation occurred. There is a right to trial by jury in any
action brought under this section. A person who knowingly
violates a temporary restraining order or preliminary or
permanent injunction issued under this section commits a Class D
crime. Each temporary restraining order or preliminary or
permanent injunction issued under this section must include a
statement describing the penalties provided in this section for a
knowing violation of the order or injunction. The clerk of the
Superior Court shall transmit one certified copy of each order or
injunction issued under this section to the appropriate law
enforcement agency having jurisdiction over locations where the
defendant is alleged to have committed the act giving rise to the
action, and service of the order or injunction must be
accomplished pursuant to the Maine Rules of Civil Procedure.
Unless otherwise ordered by the court, service must be made by
the delivery of a copy in hand to the defendant.

 
Sec. 2. 5 MRSA §4682, as amended by PL 1995, c. 417, §2, is further
amended to read:

 
§4682. Violations of constitutional rights; civil actions by

 
aggrieved persons


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