A corrections officer at the Cumberland County Jail who fought the suspension he received for dragging an injured inmate 127 feet across a concrete floor has lost his appeal.

The Maine Supreme Judicial Court ruled unanimously Tuesday that the Maine Criminal Justice Academy Board of Trustees’ decision to suspend Nicholas Stein was not an abuse of the board’s discretion, rejecting Stein’s argument that the suspension was excessive.

The trustees ordered Stein’s certificate suspended after concluding “by a preponderance of the evidence” that he assaulted the inmate, Brian Cote, on June 17, 2011.

A jury acquitted Stein of a criminal assault charge related to the incident. The standard for conviction in a criminal trial is higher, requiring proof beyond a reasonable doubt.

Cote subsequently sued Stein, the county, the jail, Sheriff Kevin Joyce and other members of the jail staff in federal court in 2013.

Lawyers in that case reached a settlement agreement on June 17.

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The terms of the agreement have yet to be made public. Cote’s attorney, Sarah Churchill, would not comment on the terms of the settlement.

In the appeal before the supreme court, Stein was accused of dragging Cote after Cote jumped from the top rail of a second-floor deck at the jail and broke both ankles.

Kristine Hanly, Stein’s attorney for the appeal, said in oral arguments last month that Stein was “in shock, in fear” and in a rush to get Cote to the medical unit of the jail in Portland.

She said the entire event occurred within 46 seconds, and is shown on a jail video recording, which the justices viewed. The video has no sound.

Stein’s actions in the video are described in Superior Court Justice Thomas Warren’s decision affirming the suspension. “He saw Cote lying on the floor screaming in pain and knew Cote was injured … There is also no dispute that Stein then handcuffed Cote and dragged Cote by the shirt collar, with Cote’s injured feet dragging along behind, for a distance of 127 feet to the medical unit,” the judge wrote.

The Maine Supreme Judicial Court said in its 6-0 decision that the Criminal Justice Academy’s trustees could have punished Stein more severely.

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“The board was authorized by statute to revoke or suspend Stein’s certificate upon making the appropriate findings,” the court said in its 15-page decision, written by Justice Warren Silver. “The hearing officer’s recommendation was issued after a two-day evidentiary hearing, and the board accepted the hearing officer’s more lenient recommendation. On this record, we discern no basis for concluding that the board’s decision to issue a one-year suspension constitutes an abuse of discretion.”

Stein’s suspension was put on hold while his appeal was pending. Joyce said such civil matters require the Cumberland County Sheriff’s Office to allow two weeks before imposing the suspension.

“The clock starts ticking today, and it becomes mandated in 14 days,” Joyce said of Stein’s suspension.

Joyce said it’s too early to know whether Stein will return to work at the jail but there will be no further discipline for the incident.

Hanly, Stein’s attorney, would not comment Tuesday on the court’s decision.


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