14 §8108. Time for allowance or denial of claims
§8108. Time for allowance or denial of claims Within 120 days after the filing of the claim with the governmental entity, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial of the monetary damages claimed. A claim shall be deemed to have been denied if at the […]
14 §8109. Compromise and settlement
§8109. Compromise and settlement 1. Procedures for State. The State has authority to settle claims filed against it pursuant to sections 8104‑A, 8104‑B, 8104‑C and 8104‑D in accordance with the following procedures. A. Any agency may settle any claim for an amount of $1,500 or less when such settlement is approved by the appropriate […]
14 §8110. Limitation of actions
§8110. Limitation of actions Every claim against a governmental entity or its employees permitted under this chapter is forever barred from the courts of this State, unless an action therein is begun within 2 years after the cause of action accrues, except that, if the claimant is a minor when the cause of action accrues, […]
14 §8111. Personal immunity for employees; procedure
§8111. Personal immunity for employees; procedure 1. Immunity. Notwithstanding any liability that may have existed at common law, employees of governmental entities shall be absolutely immune from personal civil liability for the following: A. Undertaking or failing to undertake any legislative or quasi-legislative act, including, but not limited to, the adoption or failure to […]
14 §8112. Defense and indemnification of employees
§8112. Defense and indemnification of employees 1. When a governmental entity is not liable. A governmental entity, with the consent of the employee, shall assume the defense of and, in its discretion, may indemnify any employee against a claim which arises out of an act or omission occuring within the course and scope of employment […]
14 §8113. Liability not expanded, other remedies are exclusive
§8113. Liability not expanded, other remedies are exclusive 1. Liability not expanded unless chapter expressly provides. Except as expressly provided herein, nothing in this chapter shall enlarge or otherwise adversely affect the liability of an employee or a governmental entity. Any immunity or other bar to a civil lawsuit under Maine or federal law shall, […]
14 §8114. Judgment against governmental entity or employee; effect
§8114. Judgment against governmental entity or employee; effect 1. Separate action against governmental employee. Any judgment against a governmental entity shall constitute a complete bar to a separate action for damages by the claimant, by reason of the same subject matter, against any public employee whose act or omission gave rise to the claim. […]
14 §8115. Payment of claims or judgments when no insurance
§8115. Payment of claims or judgments when no insurance 1. Payment from next appropriation. In the event no insurance has been procured by the State to pay a claim or judgment arising under this chapter, and no appropriated funds are reasonably available, as determined by the Commissioner of Administrative and Financial Services, the claim or […]
14 §8104. Exceptions to immunity (REPEALED)
§8104. Exceptions to immunity (REPEALED) SECTION HISTORY PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 578, §2 (RPR). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §§1,5 (AMD). PL 1979, c. 663, §§82,82-A (AMD). PL 1985, c. 569, §5 (AMD). PL 1987, c. 740, §3 (RP).
14 §8116. Liability insurance
§8116. Liability insurance The legislative or executive body or any department of the State or any political subdivision may procure insurance against liability for any claim against it or its employees for which immunity is waived under this chapter or under any other law. If the insurance provides protection in excess of the limit of […]