| | | Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any | | statute of common law to the contrary, Michelle Booker, personal | | representative of the estate of Donna Leen, who claims to have | | suffered damages as a result of the murder of Donna Leen on | | October 13, 2001, in Bangor, by Carl Wayne Heath, an individual | | wrongfully released from criminal custody by the State days | | earlier, is authorized to bring an action for damages against the | | State but not against individual past or present employees of the | | State. |
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| | | This action must be brought in the Penobscot County Superior | | Court within one year from the date this resolve is approved. In | | all other respects, this action must be brought in accordance | | with the Maine Revised Statutes, Title 18-A, section 2-804. | | 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. |
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| | | This resolve authorizes Michelle Booker, in her capacity as | | personal representative of the estate of Donna Leen, to sue the | | State. Monetary recovery is limited to the amounts authorized | | under the Maine Revised Statutes, Title 18-A, section 2-804. |
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