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Stile v. Somerset County

United States District Court, D. Maine

December 30, 2014

JAMES STILE, Plaintiff
v.
SOMERSET COUNTY, et al., Defendants

JAMES STILE, Plaintiff, Pro se, DOVER, NH.

For SOMERSET COUNTY, SOMERSET COUNTY SHERIFF, CORRECTIONS OFFICER MEUNIER, CORRECTIONS OFFICER JACQUES, CORRECTIONS OFFICER BUGBEE, CORRECTIONS OFFICER CRAFTS, CORRECTIONS OFFICER FAILS, CORRECTIONS OFFICER MUNN, CORRECTIONS OFFICER HERRERA, CORRECTIONS OFFICER PIKE, CORRECTIONS OFFICER PLOURD, CORRECTIONS OFFICER CAMPBELL, CORRECTIONS OFFICER MARONEY, CORRECTIONS OFFICER MOORE, CORRECTIONS OFFICER ALMEIDA, CORRECTIONS OFFICER DAVIS, CORRECTIONS OFFICER BROWN, CORRECTIONS OFFICER LIBBY, CORRECTIONS OFFICER SHER, CORRECTIONS OFFICER JEWELL, CORRECTIONS OFFICER KELLY, CORRECTIONS OFFICER HINTON, CORRECTIONS OFFICER RIZZO, CORRECTIONS OFFICER GARLING, CORRECTIONS OFFICER BOONE, CORRECTIONS OFFICER DUCHARME, CORRECTIONS OFFICER FRENCH, CORRECTIONS OFFICER HALEY, CORRECTIONS OFFICER MAGUIRE, CORRECTIONS OFFICER MARTIN, CORRECTIONS OFFICER POOLER, CORRECTIONS OFFICER MADORE, CORRECTIONS OFFICER GILBLAIR, CORRECTIONS OFFICER SWOPE, CORRECTIONS OFFICER BERUBE, CORRECTIONS OFFICER RIVARD, CORRECTIONS OFFICER PULLEN, CORRECTIONS OFFICER HAYDEN, CORRECTIONS OFFICER LAPLANTE, CORRECTIONS OFFICER BALDINELLI, CORRECTIONS OFFICER RICHARDS, CORRECTIONS OFFICER CUNNINGHAM, CORRECTIONS OFFICER KARWARSKI, CORRECTIONS OFFICER MILLIGAN, CORRECTIONS OFFICER BUSSELL, CORRECTIONS OFFICER CARSON, CORRECTIONS OFFICER SIMONDS, CORRECTIONS OFFICER SMITH, CORRECTIONS OFFICER LIGHTBODY, CORRECTIONS OFFICER MCLAUGHLIN, CORRECTIONS OFFICER WHITNEY, CORRECTIONS OFFICER HAPWORTH, CORRECTIONS OFFICER SOARS, CORRECTIONS OFFICER MORROW, CORRECTIONS OFFICER GARNETT, CORRECTIONS OFFICER GRANT, DEPUTY SHERIFF TRAVISANDREWS, DEPUTY SHERIFF KLINE, DEPUTY SHERIFF LANCASTER, Defendants: CASSANDRA S. SHAFFER, PETER T. MARCHESI, LEAD ATTORNEYS, WHEELER & AREY, P.A., WATERVILLE, ME.

For DAVID ALLEN, Jail Administrator, Defendant: JOHN J. WALL, III, LEAD ATTORNEY, MONAGHAN LEAHY, LLP, PORTLAND, ME.

For CORRECTIONS OFFICER GILLIAN, Defendant: CASSANDRA S. SHAFFER, LEAD ATTORNEY, WHEELER & AREY, P.A., WATERVILLE, ME.

For CORRECTIONS OFFICER PULLEN, Defendant: CASSANDRA S. SHAFFER, WHEELER & AREY, P.A., WATERVILLE, ME; PETER T. MARCHESI, LEAD ATTORNEY, WHEELER & AREY, P.A., WATERVILLE, ME.

RECOMMENDED DECISION ON MOTION TO DISMISS

John C. Nivison, United States Magistrate Judge.

In this action, Plaintiff James Stile, proceeding pro se, alleges that for more than 30 days, corrections officers at the Somerset County Jail subjected him to an ongoing pattern of excessive force in response to his assertion that he could not walk and his decision to engage in a hunger strike.

The matter is before the Court on Defendant David Allen's Motion to Dismiss (ECF No. 105) (" Motion"). Defendant Allen maintains that Plaintiff has failed to state a claim upon which relief can be granted. As explained below, following a review of the pleadings, and after consideration of the parties' arguments, the recommendation is that the Court grant in part and deny in part the motion.

Standard of Review

Pursuant to Federal Rule of Civil Procedure 12(b)(6), a party may seek dismissal of " a claim for relief in any pleading" if that party believes that the pleading fails " to state a claim upon which relief can be granted." In its assessment of the motion, the Court must " assume the truth of all well-plead facts and give the plaintiff[] the benefit of all reasonable inferences therefrom." Blanco v. Bath Iron Works Corp., 802 F.Supp.2d 215, 221 (D. Me. 2011) (quoting Genzyme Corp. v. Fed. Ins. Co., 622 F.3d 62, 68 (1st Cir. 2010)). To overcome a motion to dismiss, a plaintiff must establish that his allegations raise a plausible basis for a fact finder to conclude that the defendant is legally responsible for the claim(s) at issue. Id.

Factual Background

The facts set forth herein are derived from Plaintiff's Amended Complaint (Final), which facts are deemed true when evaluating the Motion to Dismiss.[1] Beddall v. State St. Bank & Trust Co., 137 F.3d 12, 16 (1st Cir. 1998).

Plaintiff was incarcerated at the Somerset County Jail as a pretrial detainee between September 13, 2011, and September 30, 2013. (Amended Complaint (Final), ¶ 3, ECF No. 92.) Plaintiff alleges, inter alia, that Defendants violated his Fourteenth Amendment rights when they confined him under conditions that constituted punishment, imposed disciplinary sanctions without due process of law, and employed excessive force in connection with prison administration. (Id., Introduction.)

Plaintiff alleges that he was assaulted by more than 30 different corrections officers during his stay in the Somerset County Jail (SCJ). (Id. ¶ 4.) Plaintiff also asserts that he suffered " voluminous amounts of violations committed ... by so many different perpetrators over such a long period of time (39) thirty nine days, multiple times each day, amounting to a few hundred acts." (Id. ΒΆ 4.) Defendant Allen, as Jail ...


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