Maine Human Rights Commission v. Warren

STATE OF MAINE SUPERIOR COURT
KENNEBEC, SS. CIVIL ACTION
DOCKET NO- CV-20-85

MAINE HUMAN RIGHTS
COMMISSION (for the use of
Angela Pitts) and ANGELA
PITTS, individually and as
next friend of minor child
"Daughter,"
Plaintiffs
ORDER ON MOTIONS TO DISMISS
V. (Statute of Limitations)

JESSE WARREN,
NICOLE POLICANO,
ADAMA MACK, and
BLUE WAGON, LLC,
Defendants

Before the court are motions to dismiss on statute of limitations
grounds, filed by Defendants Blue Wagon, LLC, Adam Mack and Nicole
Policano. Specifically, Blue Wagon and Mack seek dismissal of Counts V,
VI and VIII [sic] 1 as to Angela Pitts on behalf of her minor Daughter
(hereinafter referred to as Daughter). In an earlier Order dated December 29,
2020, Counts V, VI and VIII [sic] against Blue Wagon and Mack were
dismissed, without objection, on the basis of the statute of limitations, as to
Angela Pitts individually (hereinafter referred to as Pitts). Daughter has filed
an opposition to the motion to dismiss submitted by Blue Wagon and Mack.
On January 8, 2021, Policano moved to dismiss Counts V, VI, IX and
X against her on statute of limitations grounds as to both Pitts and Daughter.

' Count VIII appears to be mis-numbered as there is no Count VII in the complaint.
It does not appear that Pitts, either individually or on behalf of Daughter, has
submitted any opposition to Policano's motion. Accordingly, pursuant to
M.R.Civ .P. 7(c)(3), any objections to Policano's motion are deemed waived
and the motion will be granted.
Daughter does not appear to contest that, if the statute of limitations
found in the Maine Human Rights Act (MHRA) is applicable here, her state
law claims are barred. See 5M.R.S. §§ 4613 and 4622. Rather, Daughter
contends that the statute of limitations applicable to her claims under the
MHRA against Blue Wagon and Mack is that found in 14 M.R.S. § 752-C,
which provides: "Actions based upon sexual acts toward minors may be
commenced at any time."
The allegations in the complaint are that Pitts and Daughter lived in an
apartment owned by Blue Wagon and managed by Mack. Policano and
Defendant Jesse Warren, her boyfriend at the time, lived in the same building
in an apartment downstairs from Pitts and Daughter. On September 13, 2017,
Daughter babysat for Policano's child. When Policano and Warren returned
later that evening, Warren sexually assaulted Daughter, who was 14 years of
age at the time. Warren was later arrested, prosecuted and convicted of the
sexual assault. He has been defaulted in this civil case.
It is alleged that a few days later, Policano informed Mack of the sexual
assault. It is further alleged that following the sexual assault, Policano played
loud music, called Pitts vulgar and racist names and complained about her
without cause to Blue Wagon and Mack. In February, 2018, Pitts received a
Notice to Quit from Blue Wagon and/or Mack. Pitts alleges that the reasons
for the eviction notice were pretextual on the part of Blue Wagon and Mack
and that their actions constituted housing discrimination on the basis of sex
and race in violation of the MHRA and the federal Fair Housing Act (FHA).

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There is no allegation that either Blue Wagon or Mack participated in,
assisted, solicited or otherwise aided Warren in the sexual assault. Rather,
Daughter alleges that Blue Wagon and Mack took no adverse housing actions
against Pitts and Daughter until after learning of the sexual assault. Daughter
contends, therefore, that her causes of action under the MHRA against Blue
Wagon and Mack are "based upon sexual acts toward" her when she was a
minor and may be commenced at any time.
The court cannot agree. The phrase "sexual acts toward minors" is
expressly defined to mean a "sexual act" and "sexual contact," as defined in
17-A M.R.S. §§ 25l(l)(C) & (D), "that are committed against or engaged in
with a person under the age of twenty." 14 M.R.S. §§ 552-C(2)(A) & (B). In
the court's view, the statute was intended to eliminate the state of limitations
in civil cases where a defendant has "committed" or "engaged in" a sexual act
or sexual contact against or with a minor. To expand the applicability of
section 752-C to include the claims made here against Blue Wagon and Mack
would stretch the language of the statute far beyond any reasonable reading.
CONCLUSION
The entry is:
Motion to Dismiss filed by Defendant Policano is GRANTED. Counts
V, VI, IX and X of the complaint against Policano are DISMISSED as to
Plaintiffs Angela Pitts in her individual capacity and on behalf of her minor
Daughter.
Motion to Dismiss filed by Defendants Blue Wagon LLC and Adam
Mack is GRANTED. Counts V, VI and VIII [sic] against Blue Wagon and
Mack are DISMISSED as to Plaintiffs Angela Pitts on behalf of her minor
Daughter. These same counts were previously dismissed as to Angela Pitts in
her individual capacity.

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The Clerk is directed to incorporate these orders into the docket of this
civil case by notation reference in accordance with M.R.Civ.P. 79(a).
\ /

Dated: March 12, 2021

Entered on the docket 3 l 25 {262 \

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MAINE HUMAN RIGHTS COMMISSION - PLAINTIFF SUPERIOR COURT
51 STATE HOUSE STATION KENNEBEC, ss.
AUGUSTA ME 04333 Docket No
Attorney for: MAINE HUMAN RIGHTS COMMISSION
BARBARA ARCHER HIRSCH - RETAINED
MAINE HUMAN RIGHTS COMMISSION DOCKET RECORD
51 STATE HOUSE STATION
AUGUSTA ME 04333-0051

ANGELA PITTS - PLAINTIFF

Attorney for: ANGELA PITTS
PATRICIA ENDER - RETAINED
PINE TREE LEGAL ASSISTANCE
PO BOX 2429
39 GREEN STREET
AUGUSTA ME 04330-2429

vs
JESSE WARREN - DEFENDANT
37 PIER STREET, APT 3
BANGOR ME 04401
NICOLE POLICANO - DEFENDANT
82 WHITNEY ST
AUBURN ME 04210
Attorney for: NICOLE POLICANO
TYLER LAUZON - RETAINED
LAUZON LAW LLC
757 PORTLAND ROAD
SACO ME 04072

ADAM MACK - DEFENDANT
476 POND ROAD
STANDISH ME 04084
Attorney for: ADAM MACK
ANDRE JAMES HUNGERFORD - RETAINED
HUNGERFORD LEGAL
14 MASON STREET
PO BOX 7584
PORTLAND ME 04112-7584

BLUE WAGON LLC - DEFENDANT
41 GORE ROAD
RAYMOND ME 04071
Attorney for: BLUE WAGON LLC
ANDRE JAMES HUNGERFORD - RETAINED
HUNGERFORD LEGAL
14 MASON STREET
PO BOX 7584
PORTLAND ME 04112-7584

Filing Document: COMPLAINT Minor Case Type: CONSTITUTIONAL/CIVIL RIGHTS
Filing Date: 06/15/2020

Page 1 of 8 Printed on: 03/25/2021
STATE OF MAINE SUPERIOR COURT
KENNEBEC, SS. CIVIL ACTION
DOCKET NO- CV-20-85

MAINE HUMAN RIGHTS
COMMISSION (for the use of
Angela Pitts) and ANGELA
PITIS, individually and as
next friend of minor child
"Daughter,"
Plaintiffs
ORDER ON PENDING MOTIONS
V.

JESSE WARREN,
NICOLE POLICANO,
ADAMA MACK, and
BLUE WAGON, LLC,
Defendants

Before the court for resolution are the following motions:
A . Motion for More Definite Statement (M.R.Civ.P. 12(e)) (Policano);
B. Motion to Dismiss Counts V, VI and VIII1(Statute of Limitations)

(Blue Wagon);
C. Motion to Dismiss (M.R.Civ.P. 3) (failure to timely file return of
service); (improper venue); (Rule 11 sanctions); (statute of
limitations as to Counts V, VI and VIII) (Mack);
D. Motion for Enlargement of Time to File Return of Service
(M.R.Civ.P. 6(b)(2)) (Pitts individually and as next friend of minor
Daughter);

'The counts in the complaint are mis-numbered. For example, there is no Count VII (7)
and there are two Counts labeled XIV (14).
E. Rule 11 Motion Against MHRC (Blue Wagon);
F. Motion for Sanctions Against MHRC and Its Attorney (M.R.Civ.P .
11) (Policano).

The court has examined the pleadings in this matter multiple times and
has considered the written arguments of the parties. Pursuant to M.R.Civ.P.
7(b)(7), the court will rule on the pending motions without a hearing .
Defendant Policano's Motion for More Definite Statement 1s
DENIED. No further discussion is needed regarding this motion.
Defendants Blue Wagon and Adam Mack have separately moved to
dismiss Counts V, VI and VIII [sic] of the Complaint on the ground that the
applicable statute of limitations has run. Plaintiff Angela Pitts in her
individual capacity has conceded that the statute of limitations has run as to
those counts and does not object to their dismissal as to Blue Wagon and
Adam Mack. Plaintiff Angela Pitts acting in her capacity as next friend of her
minor Daughter opposes the dismissal of Counts V, VI and VIII [sic] because
she was only 14 years of age when she was sexually assaulted by Defendant
Jesse Warren and is now only 17 years of age and still a minor. She claims
that the "statute of limitations under the Maine Human Rights Act has not
run," as to the minor Daughter. Neither Blue Wagon nor Adam Mack filed a
reply to this argument by Plaintiff Pitts. In arguing that the statute of
limitations under the MHRA, 5 M.R.S. § 4613(2)(C), has not run as to the
minor Daughter, Pitts cited no authority and it is unclear to the court why the
statute of limitations has allegedly tolled as to the minor Daughter for Counts
V, VI and VIII [sic J. The court requests that Plaintiff Pitts clarify her
argument as to why those counts of the complaint should not be dismissed on
statute of limitations grounds as to Blue Wagon and Mack. Pitts is requested

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to do so by January 18, 2021. Blue Wagon and Mack may respond within 20
days after receipt of the clarification from Pitts. Pending such clarification,
the motions to dismiss by Blue Wagon and Mack will be GRANTED IN
PART as to Counts V, VI and VIII [sic] of the Complaint with respect to
Plaintiff Angela Pitts in her individual capacity.
Defendant Adam Mack also moved to dismiss the complaint as to him
for the failure to timely file the return of service. It appears to the court, and
the parties do not disagree, that the return of service upon Mack was made 95
days after the filing of the complaint. In the meantime, Plaintiff Pitts has filed
a motion to enlarge the time within which to file the return of service, and
Mack agrees that the motion to enlarge may be granted, although he disputes
various assertions made by Pitts in her motion. Accordingly, Mack's motion
to dismiss for failure to make timely return of service is moot and the motion
to enlarge time within which to return service filed by Pitts will be
GRANTED.
Mack has also moved to dismiss the complaint on the basis of improper
venue. That motion to dismiss will be DENIED. See 14 M.R.S. § 155(4)
("Any other civil action or proceeding shall be brought in the division where
any plaintiff or defendant resides, . . ."). The Maine Human Rights
Commission has its office in Augusta. Accordingly, venue in Kennebec
County is proper.
Defendants Blue Wagon, Adam Mack and Nicole Policano have
separately move for sanctions under M.R.Civ.P. l l(a) against the Maine
Human Rights Commission (MHRC) and/or its attorney Specifically, the
Defendants point to the following language of the rule: "The signature of an
attorney or party constitutes a representation by the signer that the signer has
read the pleading or motion; that to the best of the signer's knowledge,

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(

information, and belief there is good ground to support it; and that it is not
interposed for delay." Rule 1 l(a) empowers the court to impose sanctions if
it concludes that a pleading or motion has been "signed with intent to defeat
the purpose of this rule."
All of the Defendants focus their arguments on the fact that the MHRC
is a party to this lawsuit as a Plaintiff against Jesse Warren, and the complaint
includes Angela Pitts as a Plaintiff bringing claims in her individual capacity
and as next friend of her minor Daughter against Blue Wagon, Adam Mack
and Nicole Policano. The Defendants are particularly troubled by the "Factual
Background" section of the Complaint, which makes the following assertions:

33. The actions of Adam Mack and Blue Wagon made
housing unavailable to Ms. Pitts and Daughter in violation of the
MHRA.
34. The actions of Adam Mack and Blue Wagon, and
each of them, made housing unavailable to Ms. Pitts and
Daughter in violation of the FHA.
35. Defendants Nicole Policano and Jesse Warren, and
each of them, made housing unavailable, imposed discriminatory
terms and conditions, and interfered with Ms. Pitts and her minor
daughter's right to be free of housing discrimination based on sex
pursuant to the MHRA.
36. The actions of Defendants Adam Mack, Blue
Wagon LLC, Nicole Policano, and Jesse Warren, and each of
them, imposed discriminatory terms and conditions and
interfered with Ms. Pitts and her minor daughter's right to be free
of housing discrimination based on sex pursuant to the FHA.

The Defendants contend that sanctions should be imposed because the
MHRC failed to inform the court in its complaint that it had found, after
investigation, no reasonable grounds to believe that Ms. Pitts (the complainant
in the MHRC investigation) had been discriminated against on the basis of

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sex by Blue Wagon , Mr. Mack or Ms . Policano. Notwithstanding this finding
by the Commission, through its attorney it signed the complaint jointly with
counsel for Ms. Pitts individually and as next friend of her minor Daughter,
and that complaint includes the factual assertions contained in~~ 33-36 quoted
above. All of the Defendants maintain that by signing the complaint with
these allegations in it the MHRC and its counsel violated Rule 11 (a) because
they knew there were not good grounds to support those allegations.
The court has carefully scrutinized the complaint and has seriously
considered the written arguments of counsel in support of and in opposition
to the motions for sanctions under Rule 1 l(a). The court concludes that, while
the complaint could have been more carefully crafted to avoid any potential
misperception that the Commission was making allegations contrary to its
official findings, the imposition of sanctions is neither appropriate nor
warranted. A reading of the complaint in its entirety and in context makes it
clear that the MHRC is asserting claims solely against Jesse Warren under
Counts I and II . It is true that the MHRC and Ms. Pitts could have brought
separate complaints and then sought to have them consolidated, but there was
no legal obligation to proceed in that fashion. Under all the circumstances of
this case, the court does not believe that the Commission or its counsel
violated the intent and purposes of Rule 11 or that the imposition of any
sanctions is called for.
The entry is:
Defendant Policano's Motion for More Definite Statement is DENIED.
Defendant Blue Wagon's and Defendant Mack's Motion to Dismiss
Counts V, VI, and VIII [sic] of the complaint on statute of limitations grounds
are GRANED IN PART. Counts V, VI and VIII [sic] are DISMISSED as to
Plaintiff Angela Pitts in her individual capacity. Plaintiff Pitts as next friend

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of minor Daughter is directed to provide additional clarification of her
position on the statute of limitations issue by January 18, 2021. Defendants
Blue Wagon and Mack may file a response within 20 days of receipt of such
clarification.
Defendant Mack's Motion to Dismiss for Failure to File Return of
Service is MOOT.
Defendant Mack's Motion to Dismiss for Improper Venue is DENIED.
Plaintiff Pitts' (individually and as next friend of minor Daughter)
Motion for Enlargement of Time to File Return of Service is GRANTED.
Defendant Blue Wagon's, Defendant Mack's and Defendant Policano's
Motions for Sanctions Under M.R.Civ.P. 1 l(a) are DENIED.
The Clerk is directed to incorporate these orders into the docket of this
civil case by notation reference in accordance with M.R.Civ.
r

Dated: December 29, 2020

Justice, Superior Court
- -•.., ~ed on the docket /d: /d9 /a-oio

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MAINE HUMAN RIGHTS COMMISSION - PLAINTIFF SUPERIOR COURT
51 STATE HOUSE STATION KENNEBEC, ss .
AUGUSTA ME 04333 Docket No AUGSC-CV-2020-00085
Attorney for: MAINE HUMAN RIGHTS COMMISSION
BARBARA ARCHER HIRSCH - RETAINED
MAINE HUMAN RIGHTS COMMISSION DOCKET RECORD
51 STATE HOUSE STATION
AUGUSTA ME 04333-0051

ANGELA PITTS - PLAINTIFF

Attorney for : ANGELA PITTS
PATRICIA ENDER - RETAINED
PINE TREE LEGAL ASSISTANCE
PO BOX 2429
39 GREEN STREET
AUGUSTA ME 04330-2429

vs
JESSE WARREN - DEFENDANT
37 PIER STREET, APT 3
BANGOR ME 04401
NICOLE POLICANO - DEFENDANT
82 WHITNEY ST
AUBURN ME 04210
Attorney for: NICOLE POLICANO
TYLER LAUZON - RETAINED
LAUZON LAW LLC
757 PORTLAND ROAD
SACO ME 04072

ADAM MACK - DEFENDANT
476 POND ROAD
STANDISH ME 04084
Attorney for: ADAM MACK
ANDRE JAMES HUNGERFORD - RETAINED
HUNGERFORD LEGAL
14 MASON STREET
PO BOX 7584
PORtLAND ME 04112-7584

BLUE WAGON LLC - DEFENDANT
41 GORE ROAD
RAYMOND ME 04071
Attorney for: BLUE WAGON LLC
ANDRE JAMES HUNGERFORD - RETAINED
HUNGERFORD LEGAL
14 MASON STREET
PO BOX 7584
PORTLAND ME 04112-7584

Filing Document: COMPLAINT Minor Case Type: CONSTITUTIONAL/CIVIL RIGHTS
Filing Date: 06/15/2020

Page 1 of 6 Printed on : 12/29/2020