HENDERSON v. MAINE STATE PRISON et al

1
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KURTIS HENDERSON,
Plaintiff,
v.
MAINE STATE PRISON,
et al.,
Defendants.
)
)
)
)
)
)
)
)
)
1:25-cv-00412-SDN
ORDER AFFIRMING RECOMMENDED DECISION
On August 26, 2025, the Magistrate Judge issued a report and recommended
decision (“R&R”) recommending that Plaintiff’s claims be dismissed because “Plaintiff
[did] not describe the substance of the grievances or otherwise explain the factual basis
for any claims against the named defendants.” ECF No. 6 at 3. Plaintiff subsequently
amended his complaint to provide details of the excessive force allegedly perpetrated by
Correctional Officer Davyd Arugue, although he did not include any allegations of
inappropriate action by the unnamed defendant John Doe. ECF No. 9. On November 4,
2025, the Magistrate Judge issued a supplemental R&R, recommending dismissal of
Plaintiff’s claims against the Maine State Prison1 and John Doe, but permitting Plaintiff
to proceed on his Eighth Amendment excessive force claim against Defendant Davyd
Arugue. ECF No. 12. In his supplemental R&R, the Magistrate Judge notified the parties
that failure to object would waive their right to de novo review and appeal.
1 As an agency of the State of Maine, the Maine State Prison has immunity under the Eleventh Amendment
against suits brought by citizens in federal court. See Poirier v. Mass. Dep’t of Corr., 558 F.3d 92, 97 n.6
(1st Cir. 2009) (“A plaintiff may seek prospective injunctive relief against a state official, but may not obtain
such relief against a state or its agency because of the sovereign immunity bar of the Eleventh
Amendment.”).
Case 1:25-cv-00412-SDN Document 13 Filed 01/09/26 Page 1 of 2 PageID #:
<pageID>

2
The time within which to file an objection expired on January 25, 2023, and no
objection was filed, either before or after the deadline. The Court finds no clear error and
agrees with the findings set forth in the Supplemental Recommended Decision. It is
therefore ORDERED that the Supplemental Recommended Decision of the Magistrate
Judge is AFFIRMED and ADOPTED. ECF No. 12. Plaintiff’s claims against the Maine
State Prison and John Doe are DISMISSED. ECF No. 9. Plaintiff’s claims of excessive
force may PROCEED as against Defendant Davyd Arugue. ECF No. 9.
S O ORDERED.
Dated this 9th day of January, 2026.
/s/ Stacey D. Neumann
U NITED S TATES D ISTRICT J UDGE
Case 1:25-cv-00412-SDN Document 13 Filed 01/09/26 Page 2 of 2 PageID #:
<pageID>