SADULSKY v. TOWN OF WINSLOW et al

Filing 58

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 55 Report and Recommendations and granting in part 40 Motion for Summary Judgment. By JUDGE GEORGE Z. SINGAL. (MSH)

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UNITED STATES DISTRICT COURT District of Maine WILLIAM P. SADULSKY and SANDRA SADULSKY Plaintiffs v. TOWN OF WINSLOW, et al.,, Defendants ) ) ) ) ) ) ) ) ) ) No. 1:14-cv-01-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on August 5, 2015, his Recommended Decision (ECF No. 55). Plaintiffs filed their Objection to the Recommended Decision (ECF No. 56) on August 19, 2015. Defendants filed their Opposition to Plaintiffs’ Objection to the Recommended Decision (ECF No. 57) on September 4, 2015. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is hereby ORDERED that Defendants’ Motion for Partial Summary Judgment (ECF No. 40) is GRANTED as follows: Judgment is entered for Defendant Town of Winslow, Defendant Joshua Veilleux, and Defendant Michael Michaud as to all claims against them in Counts I through VI. Judgment is entered for Defendant Haley Fleming as to Plaintiff William Sadulsky’s claims of false arrest/false imprisonment in Count IV and to the extent incorporated in Counts I and II and both Plaintiffs’ claims of trespass/illegal entry in Count VI, to the extent incorporated in Counts I and II. Remaining for trial will be Plaintiff William Sadulsky’s excessive force/assault claims against Defendant Fleming pursuant to Counts I, II, and III, and Plaintiff Sandra Sadulsky’s NIED claim against Defendant Fleming pursuant to Count VI. /s/George Z. Singal_____________ U.S. District Judge Dated this 17th day of September, 2015.

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