CHAPTER 86
H.P. 536 - L.D. 730
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.
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.
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.
The proceeds of any recovery, not including costs and reasonable attorney's fees as determined by the court, must be deposited with a 3rd-party trustee determined by counsel for Christy Reposa, subject to approval by the court, and disbursed only to pay for postsecondary educational expenses for a sibling of Logan Marr. If these proceeds so deposited are not disbursed to pay for postsecondary educational expenses for a sibling of Logan Marr, they must be deposited in the Victims' Compensation Fund established in Title 5, section 3360-H and, notwithstanding Title 5, chapter 316-A, used only for the payment of claims arising under Title 5, chapter 316-A based on a crime against a person who has not attained 18 years of age.
Effective September 13, 2003, unless otherwise indicated.
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