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MJK 12122006 2-05cv177 Clarke v Blais AFFIRMED IN PART REJECTED IN PART 02122007
State: Maine
Court: Maine District Court
Docket No: 12122006
Case Date: 12/13/2006
Plaintiff: MJK 12122006 2-05cv177 Clarke
Defendant: Blais AFFIRMED IN PART REJECTED IN PART 02122007
Preview:UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

STEVEN CLARKE, )

)  
Plaintiff,  )  
)  
v.  )  
)  Civil No. 05-177-P-H  
MICHAEL BLAIS, et al.,  )  
)  
Defendants.  )  

RECOMMENDED DECISION
Steven Clarke, pro se, filed a c ivil action against Michael Blais and other personnel of the Knox County Jail and Knox County Sheriff's Department for the alleged use of excessive force against him, as well as a claim against physician's assistant Jonathan Coggeshall for denial of medica l treatment and against Todd Butler and Richard Robbins for refusing to gainsay Coggeshall with regard to Coggeshall's medical treatment decisions. All of these claims are alleged to concern violations of Clarke's rights under the Eighth Amendment and Fourteenth Amendment .  Now pending are the defendants' motions for summary judgment against the federal claims and related state law tort claims.  I recommend that the Court grant the motions.

Summary Judgment Facts
The following statement of facts is drawn from the parties' Local Rule 56 statements of material fact in accordance with this District's summary judgment practice. See Doe v. Solvay Pharms., Inc., 350 F. Supp. 2d 257, 259-60 (D. Me. 2004) (outlining the procedure); Toomey v. Unum Life Ins. Co., 324 F. Supp. 2d 220, 221 n.1 (D. Me. 2004) (explaining "the spirit and purpose" of Local Rule 56 ).  Pursuant to Rule 56 of the Federal Rules of Civil Procedure, all evidentiary disputes appropriately generated by the parties' statements have been resolved, for
purposes of summary judgment only, in favor of the non-movant. Merch. Ins. Co. v. U.S. Fid. &
Guar. Co., 143 F.3d 5, 7 (1st Cir. 1998).
A. The March 3, 2003, Use of Force
On or about June 18, 2002, Steven Clarke entered into the custody of the Knox County Jail. Clarke was transferred to the Penobscot County Jail on June 20, 2002, where he remained until posting bail on August 28, 2002.  (Defs.' S tatement of Material Facts re. Excessive Force Claim
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