| | | Sec. 1. Authorization to sue State. Resolved: That notwithstanding any | | statute or any other provision of law, Arnold Smith as personal | | representative of the estate of Kristen Smith, who claims to have | | suffered damages as a result of the murder of Kristen Smith by an | | individual recently under the supervision of the Department of | | Mental Health, Mental Retardation and Substance Abuse Services | | and ongoing supervision of the Department of Corrections, is | | authorized to bring a civil action against the State of Maine, | | but not against individual past or present employees of the | | State. |
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| | | This action may be brought in the Kennebec County Superior | | Court within one year from the date this resolve is approved. | | Liability and damages, including punitive damages, must be | | determined according to state law as in litigation between | | individuals. The action may be heard by a Justice of the | | Superior Court or by a jury. The Maine Rules of Civil Procedure | | govern the conduct of the action. The Attorney General shall | | appear, answer and defend the action. |
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| | | The Treasurer of State shall pay any judgment, including costs | | and interest, on final process issued by the Superior Court or, | | if applicable, the Supreme Judicial Court. Recovery may not | | exceed $200,000, including costs and interest. |
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| | | This resolve authorizes Arthur Smith as personal | | representative of the estate of Kristen Smith to sue the State | | for damages resulting from the murder of Kristen Smith by an | | individual under the supervision of the Department of Mental | | Health, Mental Retardation and Substance Abuse Services and the | | Department of Corrections. |
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