Adamson v. Mills

USCA1 Opinion



August 2, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT





____________________

No. 94-2321

SHIRLEY ADAMSON,

Plaintiff, Appellant,

v.

NANCY MILLS, et al.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge] ___________________

____________________

Before

Cyr, Boudin and Lynch,
Circuit Judges. ______________

____________________

Shirley Adamson on brief pro se. _______________
Andrew Ketterer, Attorney General, and Leanne Robbin, Assistant ________________ ______________
Attorney General, on brief for appellees.


____________________


____________________
























Per Curiam. We have carefully reviewed the briefs __________

and record and find no merit in plaintiff's contentions that

defendants acted in the clear absence of any jurisdiction.

Under Maine law, state district courts have jurisdiction over

the civil violations in question as well as power to enforce

their orders through contempt. 20-A Me. Rev. Stat. Ann.

5053(2); 14 Me. Rev. Stat. Ann. 252. Plaintiff's

contention that a prosecutor must file a civil violation __________

complaint supported by an affidavit before a district court _________

acquires jurisdiction is wrong. 17-A Me. Rev. Stat. Ann.

17. As for plaintiff's challenge to her arrest, the court's

civil order of arrest was supported by a sworn motion signed _____

by an assistant district attorney which clearly established

probable cause to believe plaintiff had violated court

orders. The assistant district attorney's sworn statements

were equivalent to affidavits. Plaintiff's action was

properly dismissed on judicial immunity grounds, and the

district court did not err in denying discovery or further

time for amendment since plaintiff failed to indicate any

viable basis for overcoming defendants' immunity.

Plaintiff's motion to strike defendants' brief is

denied.

Affirmed. ________







-2-