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September 10, 2001
United States District Court
for the District of Maine
 Jane Doe, Jill Doe, and
June Doe, By and Through Their Guardian, Maine Department of Human
Services, and The Disability Rights, Center of Maine, Inc. vs. G.
Steven Rowe, Attorney General for the State of Maine, et al.
STANDARD FOR SUMMARY JUDGMENT
Generally, a federal court grants summary
judgment "if there is no genuine issue as to any material
fact and the moving party is entitled to a judgment as a
matter of law." Fed. R. Civ. P. 56(c). "An issue is
genuine if the evidence is such that a reasonable jury could
return a verdict for the nonmoving party." Ayer v. United
States, 902
F.2d 1038, 1044 (1 st Cir. 1990) (quoting Anderson v. Liberty
Lobby, Inc., 477 U.S. 242,
248 (1986)). When faced with cross motions for summary judgment,
the Court must draw all reasonable inferences against granting
summary judgment to determine if there are genuine issues of fact
that require a trial. See Contl Grain Co. v. Puerto Rico Mar.
Shipping Auth., 972 F.2d
426, 429 (1st Cir. 1992). However, "conclusory
allegations, improbable
inferences, and unsupported speculation" will not suffice
to create a genuine issue of material fact requiring a trial.
Dynamic Image Techs., Inc. v. United States, 221 F.3d
34, 39 (1st Cir. 2000) (quoting Medina-Munoz v. R.J. Reynolds
Tobacco Co., 896 F.2d 5, 8 (1st Cir. 1990)). Pursuant to the
Local Rules, the Court has "no independent duty
to search and consider any part of the record." Local Rule
56(e). Rather, the Court relies on the parties submitted
statements of material facts ("SMF") and the record citations
found therein to construe the relevant facts.
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