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Judge says lawsuit against Maine police should be thrown out

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May 30, 2008

BANGOR, Maine—A federal judge is recommending that an Old Orchard Beach man's lawsuit against Caribou police claiming he was unfairly arrested for drunken driving because he is gay be dismissed.

U.S. Magistrate Judge Margaret Kravchuk says police acted properly when they arrested Jeffrey Davenport in May 2006. Davenport sued the city, the police chief and three officers last year claiming his civil rights had been violated.

According to court records, Davenport's blood alcohol content was nearly double the legal limit the night of his arrest. Records also show he has two previous drunken-driving convictions.

Kravchuk's ruling is subject to review by U.S. District Judge John Woodcock, but it is highly unusual for district judges to overturn magistrate recommendations.

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Information from: Bangor Daily News, http://www.bangornews.com

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