LD 56
pg. 2
Page 1 of 2 An Act to Provide the Right to a Jury Trial in Civil Actions for Civil Rights V... LD 56 Title Page
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LR 297
Item 1

 
Whenever any person, whether or not acting under color of law,
intentionally interferes or attempts to intentionally interfere
by physical force or violence against a person, damage or
destruction of property or trespass on property or by the threat
of physical force or violence against a person, damage or
destruction of property or trespass on property with the exercise
or enjoyment by any other person of rights secured by the United
States Constitution or the laws of the United States or of rights
secured by the Constitution of Maine or laws of the State or
violates section 4684-B, the person whose exercise or enjoyment
of these rights has been interfered with, or attempted to be
interfered with, may institute and prosecute in that person's own
name and on that person's own behalf a civil action for legal or
equitable relief. This action must be instituted in the Superior
Court for the county where the alleged violator resides or has a
principal place of business or where the alleged violation
occurred.__There is a right to trial by jury in any action
brought under this section. A person who knowingly violates a
temporary restraining order or preliminary or permanent
injunction issued under this section commits a Class D crime.
Each temporary restraining order or preliminary or permanent
injunction issued under this section must include a statement
describing the penalties provided in this section for a knowing
violation of the order or injunction. The clerk of the Superior
Court shall transmit one certified copy of each order or
injunction issued under this section to the appropriate law
enforcement agency having jurisdiction over locations where the
defendant is alleged to have committed the act giving rise to the
action, and service of the order or injunction must be
accomplished pursuant to the Maine Rules of Civil Procedure.
Unless otherwise ordered by the court, service must be made by
the delivery of a copy in hand to the defendant.

 
SUMMARY

 
This bill provides the right to a trial by jury in civil
actions for violations of constitutional rights under the Maine
Civil Rights Act.


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