ADAMS v. LANDRY et al

Filing 34

ORDER dismissing without prejudice as moot 27 Motion to Dismiss. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JON R. ADAMS,
Plaintiff
v.
SCOTT LANDRY, et al.
Defendants

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2:15-cv-00282-JAW

ORDER DISMISSING AS MOOT DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S REQUEST FOR INJUNCTIVE RELIEF
On July 17, 2015, Jon R. Adams filed a lawsuit against Scott Landry, Warden
of the Maine Correctional Center, Joseph Fitzpatrick, Commissioner of the Maine
Department of Corrections, Scott McCaffery, Director of Classification of the Maine
Department of Corrections, Giean Brown, Senior Deputy Warden of the Maine
Correctional Center, Shawn Emerson, Unit Manager of the Maine Correctional
Center, Penny Bailey, Unit One Manager of the Maine Correctional Center, and
Robert Dudley, Sergeant of the Maine Correctional Center, claiming that these
Defendants violated his constitutional rights by failing or refusing to transfer him to
the Maine Correctional Center’s protective custody unit despite their knowledge that
he was subject to substantial risks of physical harm. Compl. (ECF No. 1). Mr. Adams
alleged that he was assaulted as a consequence of the Defendants’ inaction and filed
suit pursuant to 42 U.S.C. § 1983. Id. at 1-20. As part of Mr. Adams’ requested relief,
he asked the Court to enjoin certain of the Defendants, requiring them to arrange for

Mr. Adams to be placed in protective custody, to discharge him from so-called Unit
One, and to stop ignoring his correspondence concerning statements and grievances,
which he has written to ensure his safety. Id. at 15-16.
After the Court granted Mr. Adams’ motion to amend his Complaint, he filed
an amended complaint on September 14, 2015 and vacated his demands for injunctive
relief because he had been released from incarceration. Order Granting Mot. to Am.
(ECF No. 24); Am. Comp. at 19-20 (ECF No. 25). On September 24, 2015, Mr. Adams
filed a change of address form with the Court, confirming that he had in fact been
released from prison and was living in Old Orchard Beach, Maine. Pl.’s Notification
for Change of Address (ECF No. 26). On September 25, 2015, the Defendants moved
to dismiss the claims for injunctive relief because Mr. Adams was no longer
incarcerated. Mot. to Dismiss (ECF No. 27). Mr. Adams has not responded to the
Defendants’ motion to dismiss.
In light of the recently amended complaint, dropping the claims for injunctive
relief, the Court dismisses the Defendants’ motion to dismiss without prejudice. It is
apparent from reviewing the Amended Complaint that Mr. Adams is no longer
pressing his claims for injunctive relief. If the Court were to reach the merits of the
motion, the Court would grant the motion to dismiss because Mr. Adams failed to
raise a timely objection to the motion and because First Circuit caselaw holds, as the
Defendants argue, that once a prisoner has been released from custody, his claim for
injunctive relief against prison policies that affected his sentence has been rendered
moot. Francis v. Maloney, No. 14-1320, 2015 U.S. App. LEXIS 14567, at *7-8 (1st

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Cir. Aug. 19, 2015); Ford v. Bender, 768 F.3d 15, 28-29 (1st Cir. 2014); Robinson v.
Landry, Civil No. 2:15-cv-58-DBH, 2015 WL 4077297, at *2 (D. Me. July 6, 2015).
The Court DISMISSES without prejudice as moot the Defendants’ Motion to
Dismiss (ECF No. 27).
SO ORDERED.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR
UNITED STATES DISTRICT JUDGE
Dated this 29th day of October, 2015

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