787 F.2d 776 (1st Cir. 1986), 85-1865, Campbell v. State of Me.

Docket Nº:85-1865.
Citation:787 F.2d 776
Party Name:Edward CAMPBELL, Plaintiff, Appellant, v. STATE OF MAINE, et al., Defendants, Appellees.
Case Date:April 03, 1986
Court:United States Courts of Appeals, Court of Appeals for the First Circuit

Page 776

787 F.2d 776 (1st Cir. 1986)

Edward CAMPBELL, Plaintiff, Appellant,

v.

STATE OF MAINE, et al., Defendants, Appellees.

No. 85-1865.

United States Court of Appeals, First Circuit

April 3, 1986

Argued March 5, 1986.

Page 777

David J. Corson, Yarmouth, Me., with whom Tristine Grimes Smith, Portland, Me., was on brief, for plaintiff, appellant.

Randall B. Weill with whom John J. Flaherty, Preti, Flaherty & Beliveau, Christopher L. Vaniotis, John M.R. Paterson, Bernstein, Shur, Sawyer & Nelson, Robert F. Hanson, Robert W. Bower, Jr. and Norman & Hanson, Portland, Me. were on brief, for defendants, appellees Bruce E. Benway, Town of Freeport, Herman J. Boudreau and Paul Hunter.

Robert S. Frank, Asst. Atty. Gen., with whom James E. Tierney, Atty. Gen., Augusta, Me., and Eaton, Peabody, Bradford & Veague, P.A., Bangor, Me. were on brief, for defendants, appellees Marvin Jones, Eugene Beaulieu, Alfred Howes, John Gleason, State of Me. and Dale A. Gauthier.

Before COFFIN and BREYER, Circuit Judges, and MALETZ, [*] Senior Judge.

PER CURIAM.

Plaintiff-appellant Edward Campbell, a former sergeant in the Freeport, Maine police department, appeals from the district court's grant of summary judgment to all defendants in this civil rights action. The defendants-appellees include police officials, prosecutors, municipal officials, and the Town of Freeport. The complaint, brought under 42 U.S.C. Sec. 1983 (1982), asserted three claims: (1) that the defendants conspired to impede Campbell's efforts to unionize the police force by use of a payroll padding scheme designed to buy the cooperation of Freeport officials; (2) that the defendants framed Campbell and brought about his conviction for breaking and entering the Old Town High School; and (3) that the defendants, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), covered up evidence tending to exonerate Campbell in connection with his motion for a new trial.

Following the recommendation of the magistrate, the district court, in a detailed and well-reasoned opinion, entered summary judgment for the defendants. The court found Campbell's first claim barred by a release he executed during his incarceration for breaking and entering. On the second claim, the court held that Campbell had had a full opportunity and ample incentive to litigate the merits during his criminal trial, thus barring relitigation of the issue. See Allen...

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