MADDOCKS v. PORTLAND POLICE DEPARTMENT et al

Filing 66

ORDER adopting 64 Report and Recommended Decision for 57 Motion for Summary Judgment filed by KEVIN JOYCE, COUNTY OF CUMBERLAND; granting 57 Motion for Summary Judgment. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DALE MADDOCKS,
Plaintiff,
v.
PORTLAND POLICE
DEPARTMENT, et al.,
Defendants.

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2:15-cv-00168-JAW

ORDER AFFIRMING THE RECOMMENDED DECISION
ON MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS
CUMBERLAND COUNTY AND JOYCE
No objection having been filed to the Magistrate Judge’s Recommended
Decision dated December 29, 2016 (ECF No. 64), the Recommended Decision
is accepted.
1. It is therefore ORDERED that the Recommended Decision of
the Magistrate Judge be and hereby is AFFIRMED.
2. It is further ORDERED that Defendants Cumberland
County and Sheriff Joyce’s Motion for Summary Judgment
(ECF No. 57) be and hereby is GRANTED.1

Mr. Maddocks brought suit against the Portland Police Department, Portland Police
Chief Michael Sauschuck, and Portland police officers Jessica Brown, Frank Gorham, and
Henry Johnson (collectively, Portland Defendants), as well as Cumberland County,
Cumberland County Sheriff Kevin Joyce, Cumberland County corrections officers Erik
Moody and Derek McCarty, and an unknown Cumberland County sheriff’s deputy
(collectively, Cumberland Defendants). Pl.’s Am. Compl. (ECF No. 19). The Portland
Defendants moved separately for summary judgment. Mot. for Summ. J. (ECF No. 50). In
this Order, the Court grants Cumberland County and Sheriff Joyce’s motion for summary
judgment; Cumberland Defendants Erick Moody and Derek McCarty did not move for
summary judgment, and therefore, they remain parties to the suit, and there is the
placeholder allegation against an unidentified Cumberland County deputy sheriff who is
described as “unknown” and who has still not been named. Pl.’s Am. Compl. ¶ 7.
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SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 18th day of May, 2017

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