| | | Sec. 1. Authorization to sue the State. Resolved: That, notwithstanding any | | statute or any other provision of law, Michelle Booker as | | 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 by Carl Wayne Heath, an | | individual who has pled guilty to this crime and whom Ms. | | Booker contends was wrongfully released from criminal custody | | by the State, is authorized to bring a civil action for | | damages against the State of Maine, but not against the | | individual past or present employees of the State. |
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| | | This action may 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. The 180-day notice requirement set forth in | | Title 14, section 8107 is waived. 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 Superior Court | | or, if applicable, the Supreme Judicial Court. Recovery may | | not exceed $400,000 including costs and interest. |
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| | | This resolve authorizes Michelle Booker, in her capacity as | | personal representative of the estate of Donna Leen, who was | | murdered on October 13, 2001 by Carl Wayne Heath almost | | immediately following Mr. Heath's release from state criminal | | custody in Bangor, to sue the State under Maine's wrongful | | death laws. Compensatory damages are limited to $400,000. |
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