§ 2513. — Unjust conviction and imprisonment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2513]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
Sec. 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 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 the sum of
$5,000.
(June 25, 1948, ch. 646, 62 Stat. 978; Sept. 3, 1954, ch. 1263, Sec. 56,
68 Stat. 1247; Pub. L. 97-164, title I, Sec. 139(j)(2), Apr. 2, 1982, 96
Stat. 43; Pub. L. 102-572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106
Stat. 4516.)
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, Secs. 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.
Amendments
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''.
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.
