§ 2513. Unjust conviction and imprisonment

Statutory text

Any person suing under section 1495 of this title must allege and prove that:

His conviction has been reversed or set aside on the ground that he is not guilty of the offense of which he was convicted, or on new trial or rehearing he was found not guilty of such offense, as appears from the record or certificate of the court setting aside or reversing such conviction, or that he has been pardoned upon the stated ground of innocence and unjust conviction and

He did not commit any of the acts charged or his acts, deeds, or omissions in connection with such charge constituted no offense against the United States, or any State, Territory or the District of Columbia, and he did not by misconduct or neglect cause or bring about his own prosecution.

Proof of the requisite facts shall be by a certificate of the court or pardon wherein such facts are alleged to appear, and other evidence thereof shall not be received.

No pardon or certified copy of a pardon shall be considered by the United States Court of Federal Claims unless it contains recitals that the pardon was granted after applicant had exhausted all recourse to the courts and that the time for any court to exercise its jurisdiction had expired.

The Court may permit the plaintiff to prosecute such action in forma pauperis.

The amount of damages awarded shall not exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2513
June 25, 1948, ch. 646, 62 Stat. 978
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 978
1954
Public Law not identified
Substituted · 28 U.S.C. § 2513(c)
Subsec. (c). Act Sept. 3, 1954, substituted “considered by” for “filed with”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act Sept. 3, 1954, substituted “considered by” for “filed with”.
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 139(j)(2) · 96 Stat. 25
Substituted · 28 U.S.C. § 2513(c)
Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.
Enacted provision · exact public law section
(2) Sections 2511, 2512, 2513(c), 2514, 2515(a), and 2516(a) of title 28, United States Code, are amended by striking out “Court of Claims” each place it appears and inserting in lieu thereof “United States Claims Court”.
1992
Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(a)(1) · 106 Stat. 4506
Substituted · 28 U.S.C. § 2513(c)
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Enacted provision · exact public law section
(1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and
Effective date note
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
2004
Innocence Protection Act of 2004
Pub. L. 108–405 title IV § 431 · 118 Stat. 2260
Substituted · 28 U.S.C. § 2513(e)
Pub. L. 108–405 substituted “exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff” for “exceed the sum of $5,000”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–405 substituted “exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff” for “exceed the sum of $5,000”.
Enacted provision · exact public law section
SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THE WRONGFULLY CONVICTED. Section 2513(e) of title 28, United States Code, is amended by striking “exceed the sum of $5,000” and inserting “exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff”.

3 of 5 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

Historical and Revision Notes

Based on sections 729–732 of title 18, U.S.C., 1940 ed., Crimes and Criminal Procedure (May 24, 1938, ch. 266, §§ 1–4, 52 Stat. 438.)

Sections 729–732 of title 18, U.S.C., 1940 ed., were consolidated and completely rewritten in order to clarify ambiguities which made the statute unworkable as enacted originally. Jurisdictional provisions of section 729 of title 18, U.S.C., 1940 ed., are incorporated in section 1495 of this title.

Changes were made in phraseology.

Editorial Notes

Amendments1954–2004 · 4 rounds

2004

Subsec. (e). Pub. L. 108–405 substituted “exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff” for “exceed the sum of $5,000”.

1992

Subsec. (c). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982

Subsec. (c). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

1954

Subsec. (c). Act Sept. 3, 1954, substituted “considered by” for “filed with”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Credits

1948–2004 · 5 acts

1948June 25, 1948, ch. 646, 62 Stat. 978
1954Sept. 3, 1954, ch. 1263, § 56, 68 Stat. 1247
1982Pub. L. 97–164, title I, § 139(j)(2), Apr. 2, 1982, 96 Stat. 43
1992Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516
2004Pub. L. 108–405, title IV, § 431, Oct. 30, 2004, 118 Stat. 2293.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 978; Sept. 3, 1954, ch. 1263, § 56, 68 Stat. 1247; Pub. L. 97–164, title I, § 139(j)(2), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 108–405, title IV, § 431, Oct. 30, 2004, 118 Stat. 2293.)