Preview:

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

DONNA CONNORS, Plaintiff v. THE TOWN OF BRUNSWICK, SHAWN T. O'LEARY, MARK A. PHILLIPS and JERRY HINTON, Defendants

) ) ) ) ) ) ) ) ) ) ) )

Civil No. 99-331-P-C

RECOMMENDED DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

The Town of Brunswick (the "Town"), Shawn T. O'Leary, Mark A. Phillips and Jerry Hinton seek summary judgment as to all counts against them in this civil-rights action brought by Donna Connors as personal representative of the estate of Richard Weymouth, who was shot and fatally wounded by police in Brunswick, Maine on November 6, 1997. Motion for Summary Judgment ("Defendants' Motion") (Docket No. 11); Complaint and Demand for Jury Trial ("Complaint") (Docket No. 1). For the reasons that follow, I recommend that the Defendants' Motion be granted in part and denied in part. I. Summary Judgment Standards Summary judgment is appropriate only if the record shows "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). "In this regard, `material' means that a contested fact has the potential to change the outcome

of the suit under the governing law if the dispute over it is resolved favorably to the nonmovant . . . . By like token, `genuine' means that `the evidence about the fact is such that a reasonable jury could resolve the point in favor of the nonmoving party . . . .'" McCarthy v. Northwest Airlines, Inc., 56 F.3d 313, 315 (1st Cir. 1995) (citations omitted). The party moving for summary judgment must demonstrate an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). In determining whether this burden is met, the court must view the record in the light most favorable to the nonmoving party and give that party the benefit of all reasonable inferences in its favor. Cadle Co. v. Hayes, 116 F.3d 957, 959 (1st Cir. 1997). Once the moving party has made a preliminary showing that no genuine issue of material fact exists, "the nonmovant must contradict the showing by pointing to specific facts demonstrating that there is, indeed, a trialworthy issue." National Amusements, Inc. v. Town of Dedham, 43 F.3d 731, 735 (1st Cir. 1995) (citing Celotex, 477 U.S. at 324); Fed. R. Civ. P. 56(e). "This is especially true in respect to claims or issues on which the nonmovant bears the burden of proof." International Ass=n of Machinists & Aerospace Workers v. Winship Green Nursing Ctr., 103 F.3d 196, 200 (1st Cir. 1996) (citations omitted). II. Factual Context The summary judgment record, with bona fide conflicts resolved in the light most favorable to the plaintiff, reveals the following regarding the events leading to the filing of the instant complaint: On November 6, 1997 Sergeant Mark Phillips and Patrolman Shawn O'Leary of the Brunswick Police Department (the "Department") received a call from the police dispatcher telling them to respond to a disturbance and possible assault at 29 High Street, where paramedics were also being sent. Statement of Material Facts on Which There Is No Genuine Dispute ("Defendants' SMF") (Docket No. 13)

Download DMC_08162000_2-99cv331_CONNORS_V_BRUNSWICK.pdf

Maine Law