Case law

Grenier Ex Rel. Grenier v. Kennebec County

748 F. Supp. 908 · District Court, D. Maine · Sep 28, 1990

Grenier allegedly received no counselling, or medical or psychological screening from qualified staff. Finally, Grenier alleges that he *911 was deprived of outdoor exercise for his term at the Jail. … In sum, the Thiboutot decision would have established a precedent of no practical importance.

Morin Building Products Co. v. Atlantic Design & Construction Co.

615 A.2d 239 · Supreme Judicial Court of Maine · Oct 20, 1992

A trial court’s findings of fact will not be overturned unless clearly erroneous. Leadbetter v. Morse, 510 A.2d 524, 526 (Me.1986). … A factual determination is clearly erroneous if not supported by competent evidence in the record. Hamm v. Hamm, 584 A.2d 59, 62 (Me.1990).

Commercial Leasing, Inc. v. Johnson

160 Me. 32 · Supreme Judicial Court of Maine · Feb 7, 1964

During the audit period from January 1, 1955, through November 30, 1960, it was duly qualified and authorized as a foreign corporation to do business in New Hampshire. … The testimony of these witnesses clearly indicates that these parts were ordered from New Hampshire by mail or telephone; and that they were actually delivered at Appellant’s place of business in New Hampshire by means of

Alden v. State

715 A.2d 172 · Supreme Judicial Court of Maine · Aug 4, 1998

If Congress does not have the power to abrogate state sovereign immunity with respect to federal causes of action brought in federal courts, as the Seminole Tribe case clearly held, then that limitation on congressional power … This provision clearly expresses a congressional intent to abrogate the states' immunity from suit.

Leland v. State of Maine

Superior Court of Maine · Apr 6, 2001

violated that clearly established constitutional right. … Accordingly, the defendants‘ are entitled to qualified immunity as to Count I. B.

State v. Mazerolle

614 A.2d 68 · Supreme Judicial Court of Maine · Sep 3, 1992

As a result, the court’s determination that the children qualified as witnesses was not clearly erroneous. Id. … However, M.R.Evid. 803(4) establishes that statements made for medical diagnosis or treatment are not excluded by the hearsay rule.

FAGRE v. PARKS

District Court, D. Maine · Mar 5, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … As is often the case in the qualified immunity context, how a court defines the “right” at issue goes a long way toward deciding whether it was “clearly established” at the time of the alleged violation.

Coffin v. Orkin Exterminating Co., Inc.

20 F. Supp. 2d 107 · District Court, D. Maine · Jul 21, 1998

See id. at 589 , 113 S.Ct. 2786 . 2 [I]n order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method. … Brown, 852 F.Supp. 690, 700 (N.D.Ind.1994), aff'd, 42 F.3d 434 (7th Cir.1994) (“plaintiffs own evidence clearly established] that the ‘science’ of MCS’s etiology has not progressed from the plausible, that is, the hypothetical

Estate of Hampton v. Androscoggin County

245 F. Supp. 2d 150 · District Court, D. Maine · Jan 9, 2003

Willigar was able to hear clearly what was going on because the two parties were yelling through the cell blocks. … Town of Pittsfield, 924 F.Supp. 1219, 1236 (D.Me.1996) (discretionary immunity is afforded police officers “except to the extent they act in a manner so egregious as to clearly exceed, as a matter of law, the scope of any

Clifford v. Maine General Medical Center

Superior Court of Maine · Jan 14, 2013

. §4682, insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Id at 1155. … Kemmerer may be entitled to qualified immunity However, whether or not qualified immunity is available within the Maine Civil Rights Act is a matter of fact based upon all of the circumstances.

Okot Ex Rel. Carlo v. Conicelli

180 F. Supp. 2d 238 · District Court, D. Maine · Jan 18, 2002

The Court denied summary judgment with respect to Defendant Conieelli’s defense of qualified immunity. See id. … Particularly in light of the fact that Plaintiffs dedicated most of their opposition to Defendants’ summary judgment motion to one issue of qualified immunity, the Court believes that twenty-five hours constitutes a reasonable

BROWN v. CUMBERLAND COUNTY

District Court, D. Maine · Aug 18, 2021

Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement … They may still be entitled to qualified immunity if the facts show that their conduct did not violate clearly established law. Mills v.

Camps Newfound/Owatonna Corp. v. Town of Harrison

705 A.2d 1109 · Supreme Judicial Court of Maine · Jan 26, 1998

Moreover, the Camp has not contested that it *1116 must establish its status as a benevolent and charitable institution before receiving an exemption for tax years 1992-97. … The Camp’s Privileges and Immunities Clause claim has not been preserved for this remand.

United States v. Lochin

523 F. Supp. 2d 43 · District Court, D. Maine · Nov 13, 2007

Caselaw is clear in this District and the First Circuit that, in order to qualify for the “safety valve,” a defendant must make a full and complete proffer to the government before the sentencing hearing begins. … Establishing the deadline for truthfulness as the moment the sentencing hearing starts, however, does not necessarily mean that truthful behavior up until then immunizes later dishonesty.

Bates Fabrics Inc. v. Public Utilities Commission

447 A.2d 1211 · Supreme Judicial Court of Maine · Jul 15, 1982

Status as a Qualifying Small Power Producer and to Establish Rate for Purchase of Electricity.” … The statute clearly embodies a Legislative determination that the PUC should not concern itself with the sales price of electricity sold by a qualifying facility to a public utility except to the extent specifically recognized

Ingalls v. Brown

460 A.2d 1379 · Supreme Judicial Court of Maine · Jun 10, 1983

The language in the body of the affidavit submitted by the attorney clearly complies with the requirements of the rule. The affidavit states: “upon information and belief which I believe to be true ....” … In these circumstances, the inclusion in the jurat of qualifying language is of no consequence.

FLOYD

District Court, D. Maine · Jun 9, 2026

Floyd has not established a Fourth Amendment violation by either Defendant, Deputies Littlefield and Porter are entitled to qualified immunity on this section 1983 claim. … See Topp, 994 F.3d at 46 (finding qualified immunity where officers “violated no clearly established federal or state standards in arresting [defendant]”).

State v. Boardman

64 Me. 523 · Supreme Judicial Court of Maine · Jul 1, 1874

Its reputation for lewdness and prostitution may be ever so clearly established, and yet if the evidence does not show that it was in truth used for those purposes, the first element in the offence is not proved ; but if … To establish the first proposition the court in that case admitted evidence of the reputation of the house, but distinctly say that such testimony would be clearly inadmissible to prove that the house was in fact a house

F. X. Bilodeau Realty, Inc. v. Lewiston Urban Renewal Authority

237 A.2d 398 · Supreme Judicial Court of Maine · Jan 22, 1968

The trial Court found him to be qualified and admitted his opinion testimony. … This determination was not clearly erroneous and is conclusive.

Dimmitt v. Ockenfels

220 F.R.D. 116 · District Court, D. Maine · Mar 9, 2004

Paragraph 31, on the other hand, presents what is clearly hearsay, trial testimony of Donald Saastamoinen, and will be stricken on that basis. … officers could have possessed under the cir- *126 eumstances, they are entitled to immunity.