Michael Fortin v. Jacob Titcomb

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Before Lynch, Chief Judge, Lipez and Thompson, Circuit Judges.

A federal jury awarded appellant Michael Fortin $125,000 in damages against a Wells, Maine police officer after finding that the officer negligently used force in arresting Fortin in 2007. In a post-judgment ruling, the district court reduced the award to $10,000 – the maximum set by the Maine Tort Claims Act (“MTCA” or “Act”) for the personal liability of government employees. See Me. Rev. Stat. Ann. tit. 14, § 8104-D. On appeal, Fortin argues that the MTCA’s personal-liability cap is inapplicable here because the officer was covered by an insurance policy that triggered a higher limit under the Act.

After carefully examining the statutory scheme, cases interpreting the MTCA, and the insurance policy, we have determined that the appeal turns on two unresolved questions of Maine law. Specifically,whether Fortin is limited to recovery of a $10,000 award depends on the unexplored relationship among several provisions of the MTCA governing damage awards against government employees. Our analysis may also require determining what interpretive rule should be applied to ambiguous insurance policies providing MTCA liability coverage. We have found “no clear controlling precedents” in Maine law to guide us on these issues, which require policy choices we believe are properly reserved for the state’s courts. Me. Rev. Stat. Ann. tit. 4, § 57. Hence, we certify the two questions identified below to the Maine Supreme Judicial Court (“the Law Court”). See id.; Me. R. App. P. 25(a).

More From ALM

Discover how AI is transforming small law firms with increased efficiency, accuracy, and productivity. This latest report reveals key insights from a 2024 survey, showcasing how professionals are leveraging AI to improve billable hours and client services. Download now to explore the benefits and elevate your legal practice.

The Positive Impact of AI at Small Law Firms: 4 Key Insights

Brought to you by LexisNexis®
Download Now

Discover how law firm software can revolutionize your practice! Whether your firm is new to law firm software or looking to upgrade its existing software, choosing the right solution for your firm can be overwhelming. Download this comprehensive guide today and gain a better understanding of the different types of law firm software available and what features are best to look for to benefit your firm.

A Buyer's Guide to Law Firm Software

Brought to you by PracticePanther
Download Now

2024 Small & Midsized Law Firm Report

Brought to you by PracticePanther
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Elite Trial Lawyers 2024

July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.

Learn More

The National Law Journal Legal Awards 2024

October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

GlobeSt. Women of Influence (WOI) 2024

July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More