United States First Circuit

In a case in which a federal jury awarded the appellant $125,000 in damages against a police officer after finding that the officer negligently used force in arresting the appellant, which award the district court reduced to $10,000, the maximum set by the Maine Tort Claims Act (MTCA) for the personal liability of government employees, the following questions are certified to the Maine Supreme Judicial Court: 1) where an insurance policy is available to cover a judgment against a government employee sued in his or her personal capacity, is the limit on the award of damages $10,000 as set by the MTCA at section 8104-D or is the limit set by reference to sections 8105(1) and 8116?; and 2) which interpretive principles should be applied to construe an insurance policy, procured by a governmental body to cover itself or its employees for MTCA damages liability, that contains an ambiguity affecting the scope of coverage?

Appellate Information

• Decided 01/26/2012
• Published 01/26/2012

Judges

• Lipez

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael A. Feldman, Douglas I. Louison