Legal Opinion
Smith v. Jackson
District Court, D. Maine
Decided November 28, 2006No. CV-06-12-B-WPublishedCited by 3 opinions
1Opinion of the Court
ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
WOODCOCK, JR., District Judge.
Clifford Smith brought a three-count complaint alleging excessive force by police officers in effecting his arrest in violation of 42 U.S.C. § 1983, on negligence grounds, and in violation of the Maine Civil Rights Act. Defendants move for summary judgment on all counts. The Court concludes that the Defendant’s guilty plea to criminal trespass does not preclude his claim of excessive force against the arresting officers. The Court further concludes that' there are factual issues that preclude summary judgment on the…
2Cases cited28 opinions
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- Graham v. ConnorSupreme Court of the United States · 1989
- Heck v. HumphreySupreme Court of the United States · 1994
- Ronda S. CRAIG, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1996
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
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3Cited by3 opinions
- Steeves v. City of RocklandDistrict Court, D. Maine · 2009
- Therrien v. Town of JayDistrict Court, D. Maine · 2007
- Palm v. MaineDistrict Court, D. Maine · 2008