Académique Documents
Professionnel Documents
Culture Documents
and Pre
___
____________________
____________________
ALDRICH,
brought
its police
George
of Gorham, Maine,
and two of
Coffin, and
Me.R.S.A.
704, and
Lewry
William
of the United
1983 et seq., 15
__ ___
An amended complaint
false
court referred
arrest.
magistrate.
The district
28 U.S.C.
636(b)(1).
the suit
to a
56(f) motion
sought
to
along with
introduce
conducted
plaintiff's
de
__
novo
____
recommendation.
accepted
de novo.
__ ____
motion
defendants'.
defendants'
the district
without
the
arguing
objection,
review, again
and
The
Plaintiff appeals,
contradicting
of summary judgment on
general
motion,
his opposition.
evidence
evidence.
court
reference
to
magistrate's
that material
pointing out
improperly failed to
-2-
We affirm.
At the time of
was on
driving
while
telephoned
intoxicated.
including
On
1989,
November
informed her
for their
7th,
he
bi-weekly meeting.
appeared
driving violations
Several
employer.
While
owned
tavern,
the
defendant
there, Bickford,
officer
engaged
and his
in an
McAuliffe
son-in-law, who
altercation,
and,
Standish
arrived
of
when
to
fact
regarding
alleged
is a question
intoxication,
Defendants officer
Blais
and
and
to restrain
Sgt. Coffin,
of
Defendants assert
call parole
officer
that
Manchester
her
affidavit
plaintiff's
arrest
of
record,
for parole
Sgt.
and
Coffin had
an
describe
the
Manchester, according
responded
violations.
by
In plaintiff's
Manchester's asserted
-3-
requesting
testimony
the officers
had arrested
he was
behaving himself.
Defendants
plaintiff without
intoxication
could
warrant,
alone would
not
not
normally
absent
lawfully
probable
be such.
arrest
cause,
Cf. repealing
__
94 by 1973, c. 582,
3.
and
of
However,
division
of
Probation
15.1A(9).
If the
Manchester's
court
contradicting
and
Parole."
magistrate had
testimony
her affidavit as
we
only those
Objection
to a
objections that
before
read
it
to the order
17-A
The reason
for
copy of
as
arguably
of events, and
magistrate's report
are specified.
See
___
preserves
Keating v.
_______
F.2d 271,
275
the universal
him a
Me.R.S.A.
principle that
both
opportunity to correct
his or her
mistake
this principle
denial.
His
pass on it
just as
was a correctable
would have
recommendation,
been an
that
was
error
express
necessarily
-4-
with approval,
F.2d 399, 401
1098 (1981),
seasonally complain,
1988).
Because
F.2d 663,
cited
Radin, 856
_____
plaintiff did
not
summary
judgment
was
statement
"opposition
in
uncontroverted
thus correct
to
purposes,
D. Me.
in
any
fact
not
Loc. R. 19(b)(2).
rejecting
defendants'
plaintiff's
statement
of
and
in finding
that
plaintiff's
conclusory
to create an
statement
issue of material
of
fact.
the
Standish
to
walking
roadway and
the
alone,
shoulder
weaving
of a
drunkenly
well-traveled
He was wearing
to see.
was
more difficult
Deciding
-5-
choice of a ride
public way.
17-A Me.R.S.A.
505.
for obstructing a
Plaintiff
accepted the
ride,
and Darnell
gave him a
search before
quick pat-down
Darnell
magistrate
recommended
summary
judgment,
for
his state
law
claims.
14
Me.R.S.A.
8107.
Plaintiff does not contest the notice issue and his state law
appeals therefore fail.
We will assume that insisting
to his home
as an alternative to
on driving plaintiff
was an
Darnell is
not protected
community caretaking.
But
___
under
the principle
of
413 U.S.
364, 368-371
17-A
1.
A
obstructing
person
public
-6-
is
guilty
ways
if
of
he
Me.
was a
broadening
of its
predecessor,
17 Me.R.S.
A.
3961.
3961.
3961.
the
point is
intoxicated,
novel,
on a public way
pedestrian wandering
is an obstruction
about,
that may be
ordered to "cease."
We must
about nothing.
observe that
we think this
claim a
Affirmed.
________
fuss
-7-