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| | | Resolve, Allowing Christy Reposa To Sue the State |
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| | | Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any | | statute or common law to the contrary, Christy Reposa, the mother | | of Logan Marr, or her legal representative, who claims to have | | suffered damages as a result of the death of Logan Marr while she | | was in the custody of the Department of Human Services, is | | authorized to bring a civil action for damages against the | | Department of Human Services, but not against a past or present | | employee of the Department of Human Services. This resolve is 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. In | | all other respects, this action must be brought in accordance | | with 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, interest and punitive damages. |
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| | | The proceeds of any recovery, not including costs and | | reasonable attorney's fees as determined by the court, must be |
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