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NILLSON-BORRILL v. BURNHEIMER

Civil No. 07-98-P-H.

505 F.Supp.2d 180 (2007)

Stephanie A. NILLSON-BORRILL, Plaintiff v. Scott BURNHEIMER, et al., Defendants.

United States District Court, D. Maine.

August 31, 2007.

Attorney(s) appearing for the Case

Michael Kaplan, Preti, Flaherty, Beliveau, Pachios & Haley, LLP, Portland, ME, for Plaintiff.

Diane Sleek, Assistant Attorney General, Augusta, ME, for Defendants.

DECISION AND ORDER ON DEFENDANT BURNHEIMER'S MOTION TO DISMISS

HORNBY, District Judge.

Under 42 U.S.C. § 1983, prison inmates can bring claims against prison officials for "deliberate indifference" to their health and safety. Unlike section 1983, the Maine Civil Rights Act specifies physical force or violence, or threats of physical force or violence, as a condition of liability. 5 M.R.S.A. § 4682(1-A). But Maine case-law analyzes the statute as...

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