Legal Opinion

Nillson-Borrill v. Burnheimer

District Court, D. Maine

Decided August 31, 2007No. Civil 07-98-P-HPublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER ON DEFENDANT BURNHEIMER’S MOTION TO DISMISS

HORNBY, District Judge.

Under 42 U.S.C. § 1983, prison inmates can bring claims against prison officials for “deliberate indifference” to their health and safety. Unlike section 1983, the Maine Civil Rights Act specifies physical force or violence, or threats of physical, force or violence, as a condition of liability. 5 M.R.S.A. § 4682(1-A). But Maine case-law analyzes the statute as if it were identical to 42 U.S.C. § 1983. I conclude, therefore, that the Maine Civil Rights Act permits a deliberate indifference claim against a…

2Cases cited9 opinions

Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
Alternative Energy, Inc. v. St. Paul Fire & Marine InsuranceCourt of Appeals for the First Circuit · 2001
Burrell v. Hampshire CountyCourt of Appeals for the First Circuit · 2002
Jenness v. NickersonSupreme Judicial Court of Maine · 1994
Norton v. HallSupreme Judicial Court of Maine · 2003

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

UNITED CANNABIS PATIENTS AND CAREGIVERS OF MAINE v. MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICESDistrict Court, D. Maine · 2021