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28 U.S.C. § 2513 — Unjust conviction and imprisonment
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person suing under [section 1495 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1495&num=0&edition=prelim) must allege and prove that:
(1) 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
(2) 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.
**(b)** 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.
**(c)** 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.
**(d)** The Court may permit the plaintiff to prosecute such action in forma pauperis.
**(e)** 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.
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Stable record: federal_law:legal_authorities:record_usc_65566a5330b8724570e7b98e
Source file: Laws/federal/codes/united-states-code/title-28/section-2513-unjust-conviction-and-imprisonment--a3d2879133.md
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Source location: Title 28, Chapter 165, § 2513; chapter-165-united-states-court-of-federal-claims-procedure.md
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**(a)** Any person suing under [section 1495 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1495&num=0&edition=prelim) must allege and prove that:
(1) 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
(2) 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.
**(b)** 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.
**(c)** 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.
**(d)** The Court may permit the plaintiff to prosecute such action in forma pauperis.
**(e)** 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.
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Federal law — U.S. Code and appendices · legal_authorities
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1495
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 171
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Upon a written motion by an individual sentenced to imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the “applicant”), the court that entered the judgment of conviction shall order DNA testing of specific evidence if the court finds that all of the following apply:
(1) The applicant asserts, under penalty of perjury, that the applicant is actually innocent of—
(A) the Federal offense for which the applicant is sentenced to imprisonment or death; or
(B) another Federal or State offense, if—
(i) evidence of such offense was admitted during a Federal sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and
(ii) in the case of a State offense—
(I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and
(II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense.
(2) The specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1).
(3) The specific evidence to be tested—
(A) was not previously subjected to DNA testing and the applicant did not knowingly fail to request DNA testing of that evidence in a prior motion for postconviction DNA testing; or
(B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing.
(4) The specific evidenc
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3600
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Federal law — U.S. Code and appendices · legal_authorities
Page 622
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2511
1953—Act July 28, 1953, struck out provisions relating
to procedure in connection with departmental ref-
erence cases provided for by former section 1493 of this
title; and, in connection with trial and adjudication of
cases referred by the Comptroller General, inserted
provision for rendering judgment, and struck out re-
quirement that such cases be transmitted through the
Secretary of the Treasury.
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.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–563 effective with respect
to contracts entered into 120 days after Nov. 1, 1978,
and, at the election of the contractor, with respect to
any claim pending at such time before the contracting
officer or initiated thereafter, see section 16 of Pub. L.
95–563, Nov. 1, 1978, 92 Stat. 2391, formerly set out as an
Effective Date note under section 601 of former Title 41,
Public Contracts.
§ 2511. Accounts of officers, agents or contractors
Notice of suit under section 1494 of this title
shall be given to the Attorney General, to the
Comptroller General, and to the head of the de-
partment requested to settle the account in
question.
The judgment of the United States Court of
Federal Claims in such suit shall be conclusive
upon the parties, and payment of the amount
found due shall discharge the obligation.
The transcript of such judgment, filed in the
cle
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2513
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