Opinion

FLOOD v. BALL

Court
District Court, D. Maine
Filed
Mar 25, 2025
Cited by
0 cases
Authority
More cited than 34.6%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

ANDREW FLOOD, )

)

Plaintiff, )

)

v. ) 1:24-cv-00239-SDN

)

CHARLES BALL, et al., )

)

Defendants )

RECOMMENDED DECISION AFTER REVIEW

OF PLAINTIFF’S COMPLAINT

Plaintiff, who is in custody at the Maine State Prison, filed a complaint against a

police officer, one police chief, and two police departments. (Complaint, ECF No. 1;

Amendment to Complaint, ECF No. 9.) In addition to his complaint, Plaintiff filed an

application to proceed without prepayment of fees (ECF No. 8), which application the

Court granted. (Order, ECF No. 10.) In accordance with the statute that governs actions

where a plaintiff proceeds without prepayment of fees, a preliminary review of Plaintiff’s

complaint is appropriate. 28 U.S.C. § 1915(e)(2). Additionally, Plaintiff’s complaint is

subject to screening “before docketing, if feasible or … as soon as practicable after

docketing,” because he is “a prisoner seek[ing] redress from a governmental entity or

officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a).

After a review of Plaintiff’s complaint, I recommend the Court dismiss one of the

police departments whom Plaintiff has joined as a defendant but permit Plaintiff to proceed

on an excessive force claim.

LEGAL STANDARD

28 U.S.C. § 1915 is designed to ensure meaningful access to the federal courts for

individuals unable to pay the cost of bringing an action. When a party is proceeding

pursuant to § 1915, however, “the court shall dismiss the case at any time if the court

determines,” inter alia, that the action is “frivolous or malicious” or “fails to state a claim

on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B). “Dismissals [under § 1915]

are often made sua sponte prior to the issuance of process, so as to spare prospective

defendants the inconvenience and expense of answering such complaints.” Neitzke v.

Williams, 490 U.S. 319, 324 (1989). The § 1915A screening requires courts to “identify

cognizable claims or dismiss the complaint, or any portion of the complaint, if the

complaint (1) is frivolous, malicious, or fails to state a claim …; or (2) seeks monetary

relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b).

When considering whether a complaint states a claim for which relief may be

granted, courts must assume the truth of all well-plead facts and give the plaintiff the

benefit of all reasonable inferences therefrom. Ocasio-Hernandez v. Fortuno-Burset, 640

F.3d 1, 12 (1st Cir. 2011). A complaint fails to state a claim upon which relief can be

granted if it does not plead “enough facts to state a claim to relief that is plausible on its

face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A self-represented

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plaintiff is not exempt from this framework, but the court must construe his complaint

‘liberally’ and hold it ‘to less stringent standards than formal pleadings drafted by

lawyers.’” Waterman v. White Interior Sols., No. 2:19-cv-00032-JDL, 2019 WL 5764661,

at *2 (D. Me. Nov. 5, 2019) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). “This

is not to say that pro se plaintiffs are not required to plead basic facts sufficient to state a

claim.” Ferranti v. Moran, 618 F.2d 888, 890 (1st Cir. 1980).

DISCUSSION

Viewed most favorably to Plaintiff, Plaintiff’s filings can be construed to allege that

in March 2019, Defendant Ball used excessive force during Plaintiff’s arrest. Plaintiff

alleges that Defendant Ball employed handcuffs in a way that injured Plaintiff,

unnecessarily tased him, and “hogtied” him for nine hours.1 Plaintiff’s complaint can also

be construed to allege that Defendant Ball’s alleged unlawful conduct was in accordance

with Calais Police Department policy.

Excessive force claims are evaluated under the Fourth Amendment’s “objective

reasonableness” standard. Graham v. Connor, 490 U.S. 386, 388 (1989). In the context

of force applied to make an arrest, the relevant factors for consideration include “the

severity of the crime at issue, whether the suspect poses an immediate threat to the safety

of the officers or others, and whether he is actively resisting arrest or attempting to evade

1 Although Plaintiff does not specifically identify Defendant Ball as being the involved officer when

Plaintiff describes each instance of alleged force, for purposes of this preliminary review, I can reasonably

infer from the allegations and references to Defendant Ball that Plaintiff is alleging that Defendant Ball

employed the excessive force identified in the complaint.

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arrest by flight.” Id. (the so-called Graham factors). “The ‘reasonableness’ of a particular

use of force must be judged from the perspective of a reasonable officer on the scene, rather

than with the 20/20 vision of hindsight.” Graham, 490 U.S. at 396. The test is an objective

one: courts ask “whether the officers’ actions are ‘objectively reasonable’ in light of the

facts and circumstances confronting them, without regard to their underlying intent or

motivation.” Id. at 397.

When applying the Graham factors, courts have recognized that it is usually

objectively unreasonable to use significant force on a compliant person or a person who

has clearly ceased actively resisting arrest. See, e.g., Parker v. Gerrish, 547 F.3d 1, 9 (1st

Cir. 2008); Jennings v. Jones, 499 F.3d 2, 18 (1st Cir. 2007). Assuming the truth of

Plaintiff’s allegations and drawing all reasonable inferences in his favor for purposes of

this review, Plaintiff has alleged an actionable excessive force claim against Defendant

Ball and the Calais Police Department/Chief of Police.2

The only mention in Plaintiff’s filings to the Baileyville Police Department that I

detect is a reference to Defendant Ball possibly wearing a body camera of the department

at some point, which reference is found in the caption of the complaint and in the

amendment. Plaintiff’s reference lacks any facts that would support a claim against the

Baileyville Police Department.

2 I construe Plaintiff’s complaint to join the Chief of Police in an official capacity and, therefore, the claim

against the Calais Police Department and the official capacity claim against the Chief of Police are

essentially a claim against the City of Calais. See Traudt v. Lebanon Police Department, 749 F. Supp. 3d.

251, 257 (D.N.H. 2024).

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CONCLUSION

Based on the foregoing analysis, after a review of Plaintiff’s complaint pursuant to

28 U.S.C. §§ 1915 and 1915A, I recommend the Court permit Plaintiff to proceed on his

excessive force claim3 except to the extent he seeks to assert a claim against the Baileyville

Police Department.

NOTICE

A party may file objections to those specified portions of a magistrate

judge’s report or proposed findings or recommended decisions entered

pursuant to 28 U.S.C. § 636(b)(1)(B) for which de novo review by the district

court is sought, together with a supporting memorandum, within fourteen

(14) days of being served with a copy thereof.

Failure to file a timely objection shall constitute a waiver of the right

to de novo review by the district court and to appeal the district court’s order.

/s/ John C. Nivison

U.S. Magistrate Judge

Dated this 25th day of March, 2025.

3 In his filings, Plaintiff references the Americans with Disabilities Act (ADA). To the extent Plaintiff

attempts to allege an ADA claim, Plaintiff has not alleged facts that would support such a claim. See Nunes

v. Mass. Dep’t of Corr., 766 F.3d 136, 144 (1st Cir. 2014.) (To prove a disability claim, a plaintiff must

show that he or she (1) is a qualified individual with a disability, (2) who was either excluded from

participation in or denied the benefits of the defendant’s services, programs, or activities or was otherwise

discriminated against, (3) and that such exclusion, denial of benefits or discrimination was by reason of his

disability.).

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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