WILLIAMS v. WALDO COUNTY MAINE DEPUTY MERL REED et al

Filing 73

ORDER ON SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT granting 71 Supplemental Motion for Summary Judgment By JUDGE D. BROCK HORNBY. (ccs)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
BRADLEY PAUL WILLIAMS,
PLAINTIFF
V.

WALDO COUNTY MAINE DEPUTY
MERL REED AND BELFAST MAINE
POLICE CHIEF MIKE McFADDEN,
DEFENDANTS

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CIVIL NO. 1:16-CV-211-DBH

ORDER ON SUPPLEMENTAL MOTION
FOR SUMMARY JUDGMENT
The Waldo County defendants have filed a supplemental motion for
summary judgment, seeking summary judgment on any state law claims against
them.

On July 26, 2017, I granted them summary judgment on all federal

claims. Dec. & Order on Defs.’ Mot. for Summ. J. (ECF No. 70). The date has
passed for a response and the plaintiff has filed none. Under Local Rule 56(f),
the defendants’ statement of material facts, if properly supported by record
citations, is deemed admitted. See also Fed. R. Civ. P. 56(e)(2) & (3). As a result,
the record establishes that the plaintiff failed to file a notice of claim as required
by the Maine Tort Claims Act, 14 M.R.S.A. § 8107(1). According to Maine law,
therefore, he cannot pursue his state law claims against these defendants. 14
M.R.S.A. § 8107(4).

I find it unnecessary to address the defendants’ other

arguments for summary judgment.

The defendants’ motion for summary judgment on the state law claims is
GRANTED.
SO ORDERED.
DATED THIS 31ST DAY OF AUGUST, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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