MADDOCKS v. PORTLAND POLICE DEPARTMENT et al

Filing 67

ORDER adopting 65 Report and Recommended Decision for 50 Motion for Summary Judgment filed by PORTLAND POLICE DEPARTMENT, HENRY JOHNSON, FRANK HEATH GORHAM, JESSICA BROWN, AND MICHAEL SAUSCHUCK; granting 50 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
PORTLAND DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
No objection having been filed to the Magistrate Judge’s Recommended
Decision dated January 30, 2017 (ECF No. 65), the Recommended Decision is
accepted.1

The Magistrate Judge recommends that the Court grant judgment in favor of the
movants on all claims against them, including Mr. Maddocks’ claims of excessive force
against Portland police officers Jessica Brown, Frank Gorham, and Henry Johnson.
Recommended Decision on Portland Defs.’ Mot. for Summ. J. at 17 (ECF No. 65) (Rec. Dec.).
Mr. Maddocks’ excessive force claims are contained in Counts I, III, and XI of his Amended
Complaint. Pl.’s Am. Compl. ¶¶ 40, 47; 91 (ECF No. 19) (Compl.). However, the Court notes
that in his discussion of Mr. Maddocks’ excessive force claims, the Magistrate Judge
explicitly mentions only Count I, as well as Count II; Count II asserts a state law cause of
action for assault and battery. Rec. Dec. at 13–14. Nevertheless, because the Magistrate
Judge’s excessive force analysis applies equally to Counts III and XI, the Court adopts the
recommendation and grants judgment in favor of the movants on all claims against them.
Additionally, Mr. Maddocks’ Complaint asserts claims against Officers Brown,
Gorham, and Johnson for false imprisonment under Maine common law (Count I), as well as
false arrest under the Maine Civil Rights Act (Count III) and 42 U.S.C. § 1983 (Count XI).
Compl. ¶¶ 33–41, 47, 91. In his analysis, the Magistrate Judge does not distinguish between
false imprisonment under Maine common law and false arrest under the Maine and United
States Constitutions. Rec. Dec. at 9–13. For purposes of clarification, the Court notes that
the analysis of a claim of false imprisonment under state common law and a claim of false
arrest under state or federal constitutional law is the same. See Sadulsky v. Town of
Winslow, No. 1:14-cv-01-GZS, 2015 U.S. Dist. LEXIS 102178, at *51 (D. Me. Aug. 5, 2015)
(holding that the existence of probable cause for an arrest is a complete defense to a claim of
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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 Portland Police
Department, Chief Michael Sauschuck, Officer Jessica
Brown, Sergeant Frank Gorham and Officer Henry Johnson’s
Motion for Summary Judgment (ECF No. 50) be and hereby
is GRANTED.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 19th day of May, 2017

false imprisonment or false arrest) (citing Betts v. Shearman, 751 F.3d 78, 82 (2nd Cir.
2014)).

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