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FILLER v. KELLETT

No. 16-1186.

859 F.3d 148 (2017)

Vladek FILLER, Plaintiff, Appellee, v. Mary KELLETT, Defendant, Appellant, Hancock County; William Clark; Washington County; Donnie Smith; Travis Willey; David Denbow; Michael Crabtree; Town of Gouldsboro, ME; Town of Ellsworth, ME; John Deleo; Chad Wilmot; Paul Cavanaugh; Stephen McFarland; Michael Povich; Carletta Bassano; Estate of Guy Wycoff; Linda Gleason, Defendants.

United States Court of Appeals, First Circuit.

June 15, 2017.

Attorney(s) appearing for the Case

John S. Whitman , with whom Heidi J. Hart and Richardson, Whitman, Large & Badger, Portland, ME, were on brief, for appellant.

Thomas F. Hallett , with whom Timothy E. Zerillo and Hallett, Zerillo, Whipple, P.A., Portland, ME, were on brief, for appellee.

Jamesa J. Drake , with whom Zachary L. Heiden , Portland, ME, and Ezekiel Edwards were on brief, for amici curiae American Civil Liberties Union and American Civil Liberties Union of Maine Foundation; and Rory A. McNamara and Drake Law, LLC, Huntsville, AL, on brief for amicus curiae Maine Association of Criminal Defense Lawyers.

Before Lynch, Stahl, and Barron, Circuit Judges.

This appeal arises out of the state prosecution of Vladek Filler in 2009. He was initially indicted on five counts of gross sexual assault and two counts of assault of his then-wife Ligia Arguetta Filler. After two trials — and two appeals to the Maine Law Court — he...

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