Opinion
Civil No. 02-104-P-H
April 23, 2003
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the court on March 17, 2003, with copies to counsel, his Recommended Decision on Defendants' Motion for Partial Summary Judgment. Objections to the Recommended Decision were filed by the defendant on March 31, 2003, and by the plaintiff on April 1, 2003. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.
The defendant's major complaint is with the First Circuit's (arguably dictum) description of Maine's scope of respondeat superior and its broad acceptance of Restatement (Second) of Agency § 219(2)(d) ("aided in accomplishing the tort by the existence of the agency relation"). Costos v. Coconut Island Corp., 137 F.3d 46, 49 (1st Cir. 1998) (discussing McLain v. Training Dev. Corp., 572 A.2d 494 (Me. 1990)). But until the First Circuit or the Maine Law Court changes or clarifies this description, it governs, especially in a case like this where the employee's very access to the prisoner and any influence she had over him came from her employment.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendant's motion for partial summary judgment is GRANTED as to any claim for punitive damages and otherwise is DENIED.
SO ORDERED.