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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§2513 Unjust Conviction and Imprisonment

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 165— UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2513

Last updated Apr 5, 2026|Official source

Summary

A person suing under section 1495 must prove two things: their conviction was overturned, they were found not guilty on retrial, or they were pardoned as innocent; and they did not do the charged acts (or those acts were not crimes) and did not cause the prosecution by misconduct or neglect. Proof must be a court certificate or a pardon only; no other evidence is allowed. The U.S. Court of Federal Claims will accept a pardon only if it says the person exhausted all court appeals and the time for courts to act had passed. The court may let a plaintiff proceed without paying fees. Damages are limited to $100,000 per 12 months of imprisonment for someone wrongly sentenced to death, and $50,000 per 12 months for others.

Full Legal Text

Title 28, §2513

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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 $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

Notes & Related Subsidiaries

Historical and Revision Notes

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

Amendments

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 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2513

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60