ORDER AND MEMORANDUM OF DECISION
BRODY, District Judge.
On January 5, 1992, Randolph Barber was arrested by Somerset County Deputy Sheriff Rene Guay at Robert Laskey's Rockwood house. Guay issued Barber a summons for theft, under 17-A M.R.S.A. § 353. However the State never prosecuted Barber. Barber now sues Deputy Guay, Somerset County Sheriff Spencer Havey, and Debbie Laskey for violation of his federal civil rights under 42 U.S.C. §§ 1981...
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