SCHOFF v. FITZPATRICK et al

Filing 54

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 51 Report and Recommendations re 26 Motion for Summary Judgment. By JUDGE NANCY TORRESEN. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
STEVEN R. SCHOFF, JR.
Plaintiff,
v.
JOSEPH FITZPATRICK,et al.,
Defendants.

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) Docket No. 2:16-cv-609-NT
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ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On March 7, 2018, the United States Magistrate Judge filed with the court,
with copies to counsel, his Recommended Decision on the Defendants’ Motion to for
Summary Judgment. The Defendants filed an objection to the Recommended
Decision on March 21, 2018. I have reviewed and considered the Recommended
Decision, together with the entire record; I have made a de novo determination of all
matters adjudicated by the Recommended Decision; and I concur with the
recommendations of the United States Magistrate Judge for the reasons set forth in
the Recommended Decision.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby AFFIRMED and ADOPTED. The Defendants’ Motion for Summary
Judgment is GRANTED in part as follows:
1. as to all the Defendants on the Plaintiff’s claim of denial of access to the
courts;

2. as to Defendants Penny Bailey and Scott Landry on the Plaintiff’s legal mail
claim;
2. on the Plaintiff’s retaliation claim; and
4. to preclude any award of compensatory damages for emotional distress, but
reserve judgment on whether the Plaintiff may be able to establish an actual
injury to a constitutional right that would otherwise support the Plaintiff’s
request for compensatory damages.
The remaining claims are against Defendants Verrier and Brown and are on the
Plaintiff’s First Amendment legal mail claim and Fourth Amendment unreasonable
seizure claim.
SO ORDERED.
/s/ Nancy Torresen__________________
United States Chief District Judge
Dated this 18th day of September, 2018.