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SMITH v. JACKSON

No. CV-06-12-B-W.

463 F.Supp.2d 72 (2006)

Clifford W. SMITH, Plaintiff, v. Joseph A. JACKSON, Gary Moen, Jeffrey Bearce and the Town of Winslow, Maine, Defendants.

United States District Court, D. Maine.

November 28, 2006.

Attorney(s) appearing for the Case

Benjamin R. Gideon, Berman & Simmons, P.A., Lewiston, ME, for Plaintiff.

Edward R. Benjamin, Jr., Thompson & Bowie, Portland, ME, for Defendants.

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

WOODCOCK, JR., District Judge.

Clifford Smith brought a three-count complaint alleging excessive force by police officers in effecting his arrest in violation of 42 U.S.C. § 1983, on negligence grounds, and in violation of the Maine Civil Rights Act. Defendants move for summary judgment on all counts. The Court concludes that the Defendant's guilty plea to criminal trespass does not preclude his claim...

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