Trask v. Devlin

[¶ 1] Keith Trask and Todd Trafton appeal from a judgment by the Superior Court (Penobscot County, Marsano, J.) in favor of defendant game wardens, Patrick Devlin and Michael Morrison on Trask and Trafton’s complaint for malicious prosecution. Trask and Trafton assert that the Superior Court erred in entering a summary judgment because: (1) there is a genuine issue of material fact as to whether the wardens lacked probable cause to charge and prosecute Trask and Trafton for possession of a deer killed at nighttime 3 in violation of 12 M.R.S.A. § 7406(10) (1994); 4 and (2) the United States…