| | | Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any | | statute or common law to the contrary, Michaela Corbin-Bumford, | | or her legal representative, who claims to have suffered damages | | as a result of the State's wrongfully removing her from her home, | | is authorized to bring civil action against the Department of | | Human Services, but not against a past or present employee of the | | Department of Human Services. This resolve constitutes a waiver | | of the State's defense of immunity under the Maine Revised | | Statutes, Title 14, chapter 741. |
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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 $400,000, including costs, interest and punitive damages. |
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| | | This resolve authorizes Michaela Corbin-Bumford to sue the | | State for damages resulting from alleged wrongful removal from | | her home by the Department of Human Services. The maximum amount | | of any recovery in the lawsuit is limited to $400,000. |
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