28 U.S.C. § 2513 : US Code - Section 2513: Unjust conviction and imprisonment
Search 28 U.S.C. § 2513 : US Code - Section 2513: Unjust conviction and imprisonment
(a) Any person suing under section 1495 of this title 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
(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.
Disbursing officers; relief
United states court of federal claims procedure
Forfeiture of fraudulent claims