Legal Opinion

Fortin v. Titcomb

Court of Appeals for the First Circuit

Decided January 26, 2012No. 10-2370PPublishedCited by 9 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

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…

2Cases cited30 opinions

  1. Darling v. Augusta Mental Health InstituteSupreme Judicial Court of Maine · 1987
  2. Boston Gas Company v. Century IndemnityCourt of Appeals for the First Circuit · 2008
  3. Davies v. City of BathSupreme Judicial Court of Maine · 1976
  4. Polley v. AtwellSupreme Judicial Court of Maine · 1990
  5. Johnson v. Allstate Insurance Co.Supreme Judicial Court of Maine · 1997

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3Cited by9 opinions

  1. Patel v. 7-Eleven, Inc.Court of Appeals for the First Circuit · 2021
  2. American States Insurance v. LaFlamCourt of Appeals for the First Circuit · 2012
  3. Williams v. American Honda Finance Corp.Court of Appeals for the First Circuit · 2017
  4. Portland Pipe Line Corp. v. City of So. PortlandCourt of Appeals for the First Circuit · 2020
  5. COOK v. USAA CASUALTY INSURANCE COMPANYDistrict Court, D. Maine · 2020

4 more not listed; retrieve them via the Exa API.

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