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28 U.S.C. § 1495 — Damages for unjust conviction and imprisonment; claim against United States
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1495-damages-for-unjust-conviction-and-imprisonment-claim-against-united-stat--82313c7855.md
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Source location: Title 28, Chapter 91, § 1495; chapter-091-united-states-court-of-federal-claims.md
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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.
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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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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 410
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1492
1 So in original. Probably should be ‘‘thereon,’’.
§ 1492. Congressional reference cases
Any bill, except a bill for a pension, may be re-
ferred by either House of Congress to the chief
judge of the United States Court of Federal
Claims for a report in conformity with section
2509 of this title.
(June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 89–681,
§ 1, Oct. 15, 1966, 80 Stat. 958; Pub. L. 97–164, title
I, § 133(b), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572,
title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 257 (Mar. 3, 1911,
ch. 231, § 151, 36 Stat. 1138).
This section contains only the jurisdictional provi-
sion of section 257 of title 28, U.S.C., 1940 ed. The proce-
dural provisions are incorporated in section 2509 of this
title.
Changes were made in phraseology.
Editorial Notes
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United States
Court of Federal Claims’’ for ‘‘United States Claims
Court’’.
1982—Pub. L. 97–164 substituted ‘‘chief judge of the
United States Claims Court’’ for ‘‘chief commissioner
of the Court of Claims’’.
1966—Pub. L. 89–681 substituted provisions allowing
any bill, except a bill for a pension, to be referred by
either House of Congress to the chief commissioner of
the Court of Claims for a report in conformity with sec-
tion 2509 of this title for provisions giving the Court of
Claims jurisdiction to report to either House of Con-
gress on any bill referred by such House, except a bill
for a pension, and to render judgment if the claim
against the United States represented by the referred
bill was one over which the court had jurisdiction
under other Acts of Congress.
Statutory N
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1495
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