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UNITED STATES DISTRICT COURT

DISTRICT OF MAINE
MARY MARTIN, in her capacity as )
Personal Representative of the Estate of )

Joseph Hayes,  )  
)  
Plaintiff  )  
)  
v.  )  Civil No. 04-124-B-W  
)  

SOMERSET COUNTY, et al., )
)
Defendants )

RECOMMENDED DECISION ON MOTION FOR SUMMARY JUDGMENT
On July 27, 2002, Joseph Hayes committed suicide in his cell at the Somerset County Jail by hanging himself with a sheet. His mother, Mary Martin, as personal representative of Hayes's estate, is suing Somerset County, Sheriff Barry Delong, and correctional officers John Davis, Frederick Hartley, and Daniel Rivard.  Martin claims that Davis and Hartley were deliberately indifferent to the risk that Hayes might attempt to take his own life and that Rivard and Davis did not provide adequate post-hanging emergency care to Hayes. In addition to his constitutional claims Martin ple d a count under the Americans with Disability Act, a count under the Maine Tort Claims Act, a wrongful death count, and a 'count' seeking punitive damages. The defendants have moved for summary judgment. (Docket No. 16.) In response, Martin concedes to judgment for the defendants on her count under the Americans with Disability Act and her count under the Maine Tort Claims Act as against Somerset County and Sheriff Delong. I now address the claims in contention.
Discussion

Summary Judgment Standard
The defendants are entitled to a favorable summary judgment ruling only if

Download MJK_08262005_1-04cv124_Martin_v_Somerset_AFFIRMED_09162005.pdf

Maine Law