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ME LD2176
ME LD2176An Act to Create a Right to Judicial Review Under the Maine Civil Rights Act for Persons Erroneously Detained
summary
Introduced
01/27/2026
01/27/2026
In Committee
01/27/2026
01/27/2026
Crossed Over
Passed
Dead
Introduced Session
132nd Legislature
Bill Summary
This bill clarifies that a writ of habeas corpus creates a presumption that a person has been deprived of that person's personal liberty under the Maine Civil Rights Act. The bill also authorizes the Attorney General to bring a civil action if a person unlawfully deprives another person of personal liberty when the Supreme Judicial Court or Superior Court issues a writ of habeas corpus. Finally, the bill clarifies that there is no bar on any action for damages involving a writ of habeas corpus or for damages related to a writ of habeas corpus pursuant to the Maine Civil Rights Act.
AI Summary
This bill clarifies that when a court issues a writ of habeas corpus, which is a legal order demanding that a prisoner be brought before a judge to determine if their detention is lawful, it creates a strong presumption that the person's personal liberty has been violated under the Maine Civil Rights Act. The bill also empowers the Attorney General to file a civil lawsuit if someone unlawfully deprives another person of their liberty, especially after a court has issued a writ of habeas corpus. Furthermore, it ensures that individuals can still pursue damages for false imprisonment or for issues related to a writ of habeas corpus under the Maine Civil Rights Act, meaning these actions are not prevented by other penalties.
Committee Categories
Justice
Sponsors (10)
Jill Duson (D)*,
Donna Bailey (D),
Anne Carney (D),
Deqa Dhalac (D),
Drew Gattine (D),
Mark Lawrence (D),
Adam Lee (D),
Ambureen Rana (D),
Eleanor Sato (D),
David Sinclair (D),
Last Action
Hearing (13:00:00 2/25/2026 State House, Room 438) (on 02/25/2026)
bill text
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.maine.gov/legis/bills/display_ps.asp?LD=2176&snum=132 |
| Fiscal Note: Text | https://legislature.maine.gov/legis/bills/bills_132nd/fiscalpdfs/FN217601.pdf |
| BillText | https://legislature.maine.gov/legis/bills/getPDF.asp?paper=SP0881&item=1&snum=132 |
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