Jackson v. Town of Waldoboro
751 F. Supp. 2d 263
D. Me.2010Background
- Gregori Jackson, age 18, was fatally shot by Waldoboro Police Officer Zachary Curtis on September 23, 2007 during a chase after Jackson allegedly violated bail conditions.
- Curtis had completed training at the Maine Criminal Justice Academy, Kennebunkport PD, and Waldoboro PD, and was in the field training program in 2006.
- Curtis was a reserve/full-time officer with Waldoboro; training included use-of-force policies and hands-on practice, including deadly force instruction.
- The Jacksons, as personal representatives of Gregori, filed a five-count state/federal suit in Maine Superior Court alleging §1983, MCRA, MTCA/Wrongful Death, and negligence; the case was removed to federal court in 2010.
- Defendants moved for summary judgment; Plaintiffs did not respond, and the court deemed the factual statements in the motion admitted.
- The court granted Defendants’ summary judgment on all counts, finding Curtis’s use of deadly force reasonable and Curtis entitled to qualified immunity; Town of Waldoboro also had no basis for municipal liability or MTCA waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Curtis used excessive force in violation of the Fourth Amendment. | Jacksons allege excessive force during arrest. | Curtis reasonably used force given Jackson’s resistance and threat. | Curtis’s use of deadly force was reasonable; summary judgment for Curtis on Count I. |
| Whether the Town can be vicariously or municipally liable for Curtis’s actions. | Town failed to supervise/train; policy/mistreatment by police. | No constitutional violation by Curtis; no evidence of a policy causing injury. | No municipal liability; no viable MTCA/monetary liability against Town. |
| Whether the Maine Civil Rights Act claim survives given its similarity to §1983 and qualified immunity. | MCRA mirrored §1983 rights and exemptions apply. | MCRA claims are controlled by §1983 analysis and defenses. | Count II fails for the same reasons as Count I (no violation and qualified immunity). |
| Whether MTCA immunities bar the remaining state-law claims. | Claims arise from police use of force. | Use of force is a discretionary act; immunity applies unless bad faith. | All MTCA-based claims barred by immunity; no exception under 8104-A/8104-B. |
| Whether the wrongful death and negligence claims survive. | Decedent’s death supports Wrongful Death/Negligence claims. | Immunity bars liability for discretionary acts. | MTCA immunity defeats these claims; no viable state-law claims against Defendants. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (reasonableness standard for force during a seizure; objective inquiry by the court)
- Estate of Bennett v. Wainwright, 548 F.3d 155 (1st Cir. 2008) (excessive force and qualified immunity analyses in the First Circuit)
- Morelli v. Webster, 552 F.3d 12 (1st Cir. 2009) (Graham factors guide reasonableness; non-exhaustive list)
- City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (adequacy of training theory for municipal liability; deliberate indifference standard)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (two-step test for qualified immunity; right clearly established)
- Roy v. Inhabitants of Lewiston, 42 F.3d 691 (1st Cir. 1994) (qualified immunity analysis for police conduct)
- Berube v. Conley, 506 F.3d 79 (1st Cir. 2007) (immunity and reasonableness in use of force)
- Dimmitt v. Ockenfels, 220 F.R.D. 116 (D. Me. 2004) (use-of-force discretion; MTCA context)
- Leach v. Betters, 599 A.2d 424 (Me. 1991) (Me. immunity for police conduct; not egregious under MTCA)
- Creamer v. Sceviour, 652 A.2d 110 (Me. 1995) (wrongful death/MTCA considerations)