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FEDERAL COURT OF MAINE
ALLA IOSIFOVNA SHUPER (Plaintiff Pro Se)
v. 2:14-cv-00317-JCN
DANIEL AUSTIN (Falmouth PD), FALMOUTH POLICE DEPARTMENT(Defendants)
Motion for Summary Judgment
Comes now Plaintiff Pro Se, who moves for summary judgment on all of the
claims in the Second Amended Complaint [15] pursuant to Fed. R. Civ. P. 56.
Statement of the Facts.
I. Plaintiff Pro Se Alla I. Shuper has mental disability. (Exhibit 1).
II. Plaintiff Alla I. Shuper has four (4) diagnoses related to the heart:
Cardiomyopathy, Abnormal Electrocardiogram, Chest Pain/Angina Pectoris,
Shortness of Breath (Exhibit 2).
III. Plaintiff Pro Se is diagnosed with about 20 different diagnoses in February
of 2013 (Exhibit 3 page 1-2).

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IV. Plaintiff has past medical history of more than 10 different diagnoses
(Exhibit 3 page 2).
V. Plaintiff has taken 14 kinds of medications in February of 2013 (Exhibit 3
page 2-3).
VI. Plaintiff Pro Se has seen the new cardiologist (the first cardiologist
misdiagnosed Plaintiff with diastolic dysfunction and mistreated her with
Metoprolol Succinate - see "Assessment & Plan" performed on 02/02/12) on
2/02/12, 02/7/12, 02/15/12, 03/15/12 (new prescription for medication
Isosorbide Mononitrate was prescribed this day), 4/4/12 (there was conclusion after
performing cardiac catherization that there is "NO DIASTOLIC DYSFUNCTION" - page
11/355, Plaintiff started Nitrostat as needed - page 12/355), 4/16/12, 4/30/12,
5/22/12, 7/02/12, 01/03/13, 3/21/13, 9/19/13, 01/9/14, 3/11/14, 4/14/14... The
fact of having 11 appointments with cardiologist since 02/02/12 to 3/21/13 says
about ACUTE CARDIAC ISSUES WHICH PLAITNIFF PRO SE HAS BEEN EXPERIENCING.
VII. Gastroenterologist's C. Kleeman, M.D., Assessment made on 03/30/12
(Exhibit 4), Dr. Kleeman planned to call Ambulance because of my mental and
physical condition.
VIII. Cardiologist's Dr. J. Cutler, M.D. letter dated 06/29/12 and addressed to
the current treating Cardiologist Dr. H. Glass (Exhibit 5). Dr. Cutler recommended me
to call 911 to be transported to ER by Ambulance.

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IX. EMERGENCY VISITS (Exhibit 6) (INCLUDING TRANSPORTING BY
AMBULANCE): 04/27/11 (Falmouth Ambulance), 01/14/12 (Falmouth Ambulance),
01/16/12 (Falmouth Ambulance), 3/18/12 (Falmouth Ambulance), 2/22/13
(Falmouth Ambulance), 2/26/13 (Gardener Ambulance - Mid-Coast ER Admission
with comparison of the ER Report made in Maine General Hospital on 02/25/13
Document 1-3 Page 2-3), 2/26/13 (Falmouth Ambulance), 2/28/13 (Falmouth
Ambulance), 03/04/13 (Falmouth Ambulance) - Comment was made by the
Ambulance Staff: "LANGUAGE BARRIER".
X. 03/05/13 - Admission to the Mid-Coast Hospital (Exhibit 7). Plaintiff Pro Se
Alla I. Shuper had been in Behavioral health Unit of Mid-Coast Hospital since
03/05/13 to 03/19/13.
XI. 4/12/13 - Mid-Coast ER Report (Exhibit 8).
XII. 6/17/13 - Mid-Coast ER Report (Exhibit 9).
XIII. Documents issued by the Neustar Company, who is the designated agent
of Fairpoint Communications authorized to respond to the subpoena (Document
[132-3] Exhibit 10). The similar Document supposed to be requested by Falmouth PD
according to the Plaintiff's Request for Production (Requests for Productions were
mailed to Defendants' Attorneys on 02/08/15). This Document supposed to show
which calls were made by the Plaintiff Pro Se Alla I. Shuper to the Falmouth PD non-
emergency number 207-781-2300. This DOCUMENT WAS NOT EVEN PRODUCED BY
THE FALMOUTH PD, WHAT IS THE VIOLATION OF THE SCHEDULING ORDER [51].

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XIV. Approval of the Reasonable Accommodation Request in regards to
changing the visitor policy for the tenant of Black Stone apartment 11 Alla I. Shuper
(Document [150-4] Attachment 4-3-1 Exhibit 11). This Document was submitted to
Falmouth PD in addition to the complaints I already filed with Lt. Kilbride on
04/08/13 and 04/09/13. The person who accepted this Documents was Rachel
Kilbride.
XV. The Reasonable Accommodation Request Regarding allowing "visitors for
up to 4 months to help provide emotional security and feeling of safety" dated
04/08/13 (Document [150-4] Attachment 4-3-2 Exhibit 12).
XVI. Complaint Form filed by Plaintiff Pro Se Alla I. Shuper in the Falmouth PD
on 04/09/13 about the reason of my call to 911 on 02/27/13 ("I called the 911
service because of only one reason: I was not feeling well at all at that time and a few
months in a row before and still have reasonable accommodations approved by
Avesta Housing (Landlord Management) to do not be alone in my apartment. My
stress was too high (bad, terrible) that I had not been feeling safe in my
apartment...)" (Document [150-4] Attachment 4-22 Exhibit 13).
XV. Complaint Receipt. There was NO ANY INVESTIGATOR EVEN ASSIGNED.
(Document [150-4] Attachment 4-24 Exhibit 14).
XVI. Cumberland County Sheriff's Office Citizen Complaint (Document [150-4]
Attachment 4-5 Attachment 4-6-1 Attachment 4-6-2 Attachment 4-7 Attachment 4-8
Exhibit 15) submitted by Plaintiff Pro Se on 04/08/13.

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XVII. Complaint Receipt. There was NO ANY INVESTIGATOR EVEN ASSIGNED.
(Document [150-4] Attachment 4-9 Attachment 4-10 Exhibit 16).
XVIII. Falmouth PD Voluntary Statement submitted by Plaintiff Pro Se to Lt.
Kilbride of Falmouth PD on 04/08/13 (Document [150-4] Attachment 4-2-1
Attachment 4-2-2 Exhibit 17).
XIX. Reasonable Accommodations signed by my PCP on 03/29/13 (Document
[150-4] Attachment 4-1 Exhibit 18).
XX. Narrative for Lieutenant Kilbride (Document 150-4 Attachment 4-4
Exhibit 19). Lt. Kilbride even did not understand the meaning of the letter I received
on 02/27/13. This letter said (Document [1-1] page 3 Exhibit 20) that "More than
once tax return was filed using your personal information for the tax year(s) shown
above".
XXI. The list of dates when Falmouth Public Safety employees talked with
Plaintiff Alla I. Shuper (Document [150-4] Attachment 4-20 Exhibit 21) and
"Falmouth PD Contacts with Alla Shuper" submitted to Maine Human Rights
Commission (MHRC) (Exhibit 22).
XXII. The list of calls copied from the Document produced by the Maine Public
Utilities Commission in regards to the calls made by Plaintiff Alla I. Shuper and
transferred to Falmouth PD (Exhibit 23).

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XXIII. The copy of the cover page of the file with the docket sheet of the case
filed against Plaintiff by Falmouth PD in Cumberland County District Court of Maine
(Exhibit 24). The INTERPRETER was assigned to the Plaintiff Alla I. Shuper.
XXIV. The Cumberland County District Court of Maine docket sheet of the case
filed by the Falmouth PD against Plaintiff (Exhibit 25). "Assault, Threat and
Terrorizing" - description originally given by Falmouth PD.
XXV. The medication Citolopram Hydrobromide guide with all the side effects
(Exhibit 26).
XXVI. The letter-affidavit from my treating psychiatrist Dr. Lawrence
Fischman, M.D. (Exhibit 27).
XXVII. The letter-affidavit from my social worker Jennifer Anderson, LCSW
(Exhibit 28).
XXVIII. The Defendants' Responses to Plaintiff's Interrogatories (Document
[141-1] Exhibit 29).
XXIX. The Defendants' Responses to Plaintiff's Requests for Admissions
(Document [141-2] Exhibit 30).
XXX. Falmouth Police Communication Center's Harassment Notice issued on
4/6/12 (Exhibit 31).
XXXI. Plaintiff's Alla I. Shuper abnormal ECG dated 2/26/13 (Exhibit 32).

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XXXII. Falmouth PD Standard Operating Procedure with the most recent
updates dated 10/1/13 (Exhibit 33).
XXXIII. Narrative of policeman Austin (Exhibit 34).
XXXIV. Narrative of policeman Hallett (Exhibit 35).
XXXV. Lt. Kilbride of Falmouth PD Depositions (Exhibit 36).
CLAIMS UPON WHICH JUDGMENT IS SOUGHT
A. Plaintiff is entitled to Summary Judgment on Claim 1: Wrongful Arrest
performed by policeman Austin does not apply to 17-A M.R.S. Paragraph 15-A(1).
1. Burden of proof and elements.
"Misuse of the E-9-1-1 system for which officer Austin issued the summons
requires "repeated telephone calls to a public safety answering point by dialing 911
to make nonemergency reports or inquiries" and these calls must have been made
"after having been forbidden to do so by a public safety answering point manager or
administrator or a law enforcement officer" 25 M.R.S. Paragraph 2931(1)(A). There is no
allegations in the Second Amended Complaint that Ms. Shuper previously warned not
make nonemergency calls to 911... If there is one point Ms. Shuper has sought to make

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clear in her many filings, it is that most of her prior calls to the Falmouth Police
Department were to its non-emergency local line and that her prior 911 calls were, in
fact, emergency-related resulting in emergency services such as ambulance transport to
the hospital. In addition, a plausible interpretation of Ms. Shuper Second Amended
Complaint is that an emergency in fact existed whenever she placed calls to the 911
system prior to February 27, 2013" (Order [48] page 11)... "In sum, Ms. Shuper has
successfully pleaded a claim of wrongful arrest based on an unreasonable seizure and
detention on February 27, 2013: (1) officer Austin did not have probable cause to
believe that Ms. Shuper had violated 25 M.R.S. Paragraph 2931(1)(A) when he issued
a summons for that crime; (2) because he did not have probable cause to believe that
crime had been committed, she did not commit a violation of 17-A M.R.S. Paragraph
15-A(1) when she refused to sign the summons; and (3) because no crime had been
committed, officer Austin did not have the legal authority to physically arrest her."
(Order [48] page 12). On 03/25/12, the policeman Hallett performed Assault and
Humiliation towards the Plaintiff Pro Se Alla I. Shuper by wrongfully and
unprofessionally using the combination of words "false emergency" (Document
[150-4] Attachment 4-18 Exhibit 35) towards Plaintiff Pro Se, because the Plaintiff
had at that time a chest pain and panic attack. Plaintiff had taken at that time 13
kinds of medications (Exhibit 3 pages 90-91) for all the diagnoses: Clonazepam, a
new prescribed medication which Plaintiff started taking on 03/15/12 Isosorbide
Mononitrate, Citolopram and 10 others. However, having a chest pain could be a life
threatening symptom considered as the side effect of Citolopram/Citolopram
Hydrobromide (see the Document [1-2] page 2 Exhibit 26 and Exhibit 32) - this

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Document says that "Citolopram may be associated with these serious side effects:
changes in the electrical activity of your heart (QT prolongation and Torsade de
Pointes). This condition can be life threatening. The symptoms may include: chest
pain, fast or slow heartbeat, shortness of breath and dizziness or fainting.".
2. Elements that cannot be proven by the Defendants.
The Defendants are not able to prove any elements related to the wrongful arrest of
the Plaintiff Pro Se Alla I. Shuper.
Element 2.1. Lt. Kilbride testified that he even does not know/does not
remember the definition of Misuse of 911 system (Depositions, Exhibit 36).
Element 2.2. The Defendants do not have any Documents officially issued by
Falmouth PD saying about Misuse of 911 system by the Plaintiff Pro Se. The
harassment notice was issued by Falmouth PD to the Plaintiff in relation to the
Public Safety non-emergency line 207-781-2300 (Exhibit 31, Exhibit 21, Exhibit 22 and
Exhibit 23). There were only two dates 03/25/12 and 02/26/13 in the list of calls
provided by the Public Utilities Commission which matched the dates when the Plaintiff
Pro Se was accused in calling the Falmouth Public Safety Communication Center (Exhibit
21) without having emergency. However, on February 26, 2013 Plaintiff Pro Se was
taken by Falmouth Ambulance to the Mercy Hospital Emergency Department. On
03/25/12, the policeman Hallett performed Assault and Humiliation towards the
Plaintiff Pro Se Alla I. Shuper by wrongfully and unprofessionally using the
combination of words "false emergency" (Document [150-4] Attachment 4-18
Exhibit 35) towards Plaintiff Pro Se, because the Plaintiff had at that time a chest

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pain and panic attack. Plaintiff had taken at that time 13 kinds of medications
(Exhibit 3 pages 90-91) for all the diagnoses: Clonazepam, a new prescribed
medication which Plaintiff started taking on 03/15/12 Isosorbide Mononitrate,
Citolopram and 10 others. However, having a chest pain could be a life threatening
symptom considered as the side effect of Citolopram/Citolopram Hydrobromide (see
the Document [1-2] page 2 Exhibit 26) - this Document says that "Citolopram may be
associated with these serious side effects: changes in the electrical activity of your
heart (QT prolongation and Torsade de Pointes). This condition can be life
threatening. The symptoms may include: chest pain, fast or slow heartbeat,
shortness of breath and dizziness or fainting.".
Element 2.3. Defendants even did not produce the list of all the calls made by
the Plaintiff Pro Se to the non-emergency number 207-781-2300. This Document was
requested to be produced as one of the Plaintiff's Requests for Production. However,
the Defendants submitted as such requested Document the Exhibit 21. The Exhibit 10
(Document [132-3]) shows that it was possible to produce this Document by requesting the
Fairpoint Communications to produce the list of the calls made from the phone numbers
registered in the Falmouth PD as the numbers which I, as the Plaintiff Pro Se, called from
(which was given to the Maine Public Utilities Commission).
Element 2.4. Defendants cannot oppose the fact that officer Austin "wrongly
arrest [ed Ms. Shuper] a person with disability because [he misperceived] the effects
of that disability as criminal activity" (Order [48] page 24). The Exhibit 1 shows that
the Plaintiff is disable person.

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Element 2.5. Defendants cannot oppose the fact that officer Austin
misunderstood the Plaintiff Ms. Shuper. The Defendants' words in their Motion "After
another five minutes of this conversation, officer Austin allegedly gave Plaintiff a
summons for misuse of the 911 emergency line. If anything, this demonstrates that
officer Austin understood Plaintiff enough to know that she did not have any kind of
emergency that would justify her use of the 911 emergency line" DO NOT PROVE THE
FACT OF UNDERSTANDING BY POLICEMAN AUSTIN THE PLAINTIFF PRO SE ALLA I.
SHUPER. Moreover, I was talking about the IRS letter received by me the same day,
February 27, 2013, and about Attorney Kelly Hoffman, who does deal with the IRS in
regards to some other issue. The letter from IRS says (Document [1-1], page 3) that
"More than once tax return was filed using your personal information for the tax
year(s) shown above". Moreover, policeman Austin even did not mention in his
Narrative (Exhibit 34 page 1) about the fact that I was talking then about the letter
received by me from IRS. Moreover, as soon as I started explaining about involving
Attorney Hoffman, policeman Austin left my apartment and brought the summons.
However, policeman Austin gave a lot of false statements (Exhibit 34 pages 1-2)
about "my calls to 911", what was already proven by me in this my Document.
Element 2.6. Defendants cannot prove that policeman Austin knew about my
disability. Otherwise, the policeman Austin would make a conclusion that there is a
possibility of misrepresenting my panic attack/psychosis/paranoia as a crime.
Moreover, Defendants in their Motion to Dismiss maintain "that Ms. Shuper failed to
allege facts sufficient to conclude that she has disability within the meaning of the
ADA" (Order [48] page 6).

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Element 2.7. Moreover, there are a lot of Documents which PROVE my mental
disability and the reasons why I needed the certain Reasonable Accommodations
which were submitted by me to the Falmouth PD in a few weeks after policeman
Austin arrested me. These Documents were filed by me as Attachments to this Case
on January 18, 2015 (Document [150-4] Exhibit 11, Exhibit 12, Exhibit 13 and Exhibit
18).
B. Plaintiff is entitled to Summary Judgment on Claim 2: Violation of the
Fourteen Amendment in regards to the excessive force by policeman Austin.
1. Element 1. Policeman Austin himself said/agreed about using excessive
force by him and by officer Mazziotti towards Plaintiff Alla I. Shuper in his Narrative
(Exhibit 34 page 1).
"... Officer Austin applied an unreasonable degree of force to Ms. Shuper
incident to an arrest not supported by probable cause. See Muehler v. Mena, 544 U.S.
93, 99 (2005) (describing the "imposition of correctly applied handcuffs" as "a
separate intrusion"); see also id. at 103 ("The use of handcuffs is the use of force, and
such force must be objectively reasonable under the circumstances") (Kennedy, J.,
concurring)." (Order [48] page 13). Please read also the Narrative of the policeman Austin
about using by him the excessive force (Exhibit 34 page 1): "She would not walk and had to
be dragged to the door...".
C. Plaintiff is entitled to Summary Judgment on Claim 3: Violation of the Title II
of Americans with Disabilities Act by Falmouth PD.

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1. Element 1. "Showing that the Plaintiff Pro Se is qualified individual with
disability".
Plaintiff Alla I. Shuper is qualified individual with disability (Exhibit 1).
2. Element 2. Denial of public accommodations.
Element 2.1. "The Plaintiff was either excluded from participation in or denied
the benefits of some public entity's services, programs, or activities or was otherwise
discriminated against". The policeman Austin did not understand what Plaintiff Alla
I. Shuper was talking about (he used the word "rambled" what means that Plaintiff
spoke too fast, he did not get the reasons why Plaintiff called 911 on 02/27/13 and
did not understand that Plaintiff experienced panic attack/psychosis/paranoia
because she felt unsafe and had fear that somebody wants to kill her). "Courts have
recognized at least two types of Title II claims applicable to arrests: (1) wrongful
arrest, where police wrongly arrest someone with a disability because they
misperceive the effect of that disability as criminal activity; and (2) reasonable
accommodations, where, although police properly investigate and arrest a person
with a disability for a crime unrelated to that disability, they fail to reasonable
accommodate the person's disability in the course of investigation or arrest, causing
the person to suffer greater injury in that process than other arrestees." (Sheehan v.
City & Cnty. of San Francisco, 743 F.3d 1211, 1232 (9th Cir 2014). "Ms. Shuper was
suffering, according to her pleadings, from panic attack directly related to her
mental health problems... Officer Austin, not knowing the nature of her mental
health issues, would take her explanation for the 911 call as so bizarre that he

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concluded her conduct was willful. But fairly reviewing the allegations in the
pleadings, there is enough to conclude that officer Austin may have "wrongly
arrest[ed Ms. Shuper], a person with disability because he misperceived the effects
of that disability as criminal activity". Sheehan, 743 F.3d at 1323. This is sufficient to
survive a Paragraph 1915(e)(2)(B) screening for a Title II claim against the Town of
Falmouth Police Department." (Order [48] page 24).
Element 2.2. Defendants FALSELY STATED that the Plaintiff misused the 911
system. On 03/25/12, the policeman Hallett performed Assault and Humiliation
towards the Plaintiff Pro Se Alla I. Shuper by wrongfully and unprofessionally using
the combination of words "false emergency" (Document [150-4] Attachment 4-18
Exhibit 35) towards Plaintiff Pro Se, because the Plaintiff had at that time a chest
pain and panic attack. Plaintiff had taken at that time 13 kinds of medications
(Exhibit 3 pages 90-91) for all the diagnoses: Clonazepam, a new prescribed
medication which Plaintiff started taking on 03/15/12 Isosorbide Mononitrate,
Citolopram and 10 others. However, having a chest pain could be a life threatening
symptom considered as the side effect of Citolopram/Citolopram Hydrobromide (see
the Document [1-2] page 2 Exhibit 26 and Exhibit 32) - this Document says that
"Citolopram may be associated with these serious side effects: changes in the
electrical activity of your heart (QT prolongation and Torsade de Pointes). This
condition can be life threatening. The symptoms may include: chest pain, fast or slow
heartbeat, shortness of breath and dizziness or fainting.".

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Element 2.3. "Such exclusion, denial of benefits, or discrimination was by
reason of the Plaintiff's disability" Buchanan, 469 F.3d at 170-71. The policeman
Austin and each and every policeman of Falmouth PD has to make sure that tenants
they deal with are not discriminated as I was discriminated by denying
accommodations in form of interpreter and crisis worker. As became CLEAR,
policeman Austin did not know that I had experienced on February 27, 2013 the
panic attack/psychosis/paranoia being mentally disable and did not call neither
crisis worker, nor interpreter to make sure that the health condition of Plaintiff is
not under a danger.
D. Plaintiff is entitled to Summary Judgment on Claim 4: Violation of Maine
Human Rights Act (MHRA) by Falmouth PD.
1. Burden of proof and elements. "Like Title II, the MHRA is designed to ensure
equal access to public accommodations." 5 M.R.S. Paragraphs 4552, 4591, 4592.
Ordinary, "the MHRA should be construed and applied along the same contours as
the ADA" Dudley v. Hannaford Bros. Co., 333 F.3d 299, 312 (1st Cir 2003). As
discussed in relation to Ms. Shuper's Title II claim, the Court limits Ms. Shuper's
MHRA claim to a claim against the Falmouth Police Department based on officer
Austin's decision to arrest and detain her on February 27, 2013." (Order [48] page 24).
2. Element 1. "Showing that the Plaintiff Pro Se is qualified individual with
disability".
Plaintiff Alla I. Shuper is qualified individual with disability (Exhibit 1).

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3. Element 2. Denial of public accommodations.
Element 2.1. "The Plaintiff was either excluded from participation in or denied
the benefits of some public entity's services, programs, or activities or was otherwise
discriminated against". The policeman Austin did not understand what Plaintiff Alla
I. Shuper was talking about (he used the word "rambled" what means that Plaintiff
spoke too fast, he did not get the reasons why Plaintiff called 911 on 02/27/13 and
did not understand that Plaintiff experienced panic attack/psychosis/paranoia
because she felt unsafe and had fear that somebody wants to kill her). "Courts have
recognized at least two types of Title II claims applicable to arrests: (1) wrongful
arrest, where police wrongly arrest someone with a disability because they
misperceive the effect of that disability as criminal activity; and (2) reasonable
accommodations, where, although police properly investigate and arrest a person
with a disability for a crime unrelated to that disability, they fail to reasonable
accommodate the person's disability in the course of investigation or arrest, causing
the person to suffer greater injury in that process than other arrestees." (Sheehan v.
City & Cnty. of San Francisco, 743 F.3d 1211, 1232 (9th Cir 2014). "Ms. Shuper was
suffering, according to her pleadings, from panic attack directly related to her
mental health problems... Officer Austin, not knowing the nature of her mental
health issues, would take her explanation for the 911 call as so bizarre that he
concluded her conduct was willful. But fairly reviewing the allegations in the
pleadings, there is enough to conclude that officer Austin may have "wrongly
arrest[ed Ms. Shuper], a person with disability because he misperceived the effects
of that disability as criminal activity". Sheehan, 743 F.3d at 1323. This is sufficient to

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survive a Paragraph 1915(e)(2)(B) screening for a Title II claim against the Town of
Falmouth Police Department." (Order [48] page 24).
Element 2.2. Defendants FALSELY STATED that the Plaintiff misused the 911
system. On 03/25/12, the policeman Hallett performed Assault and Humiliation
towards the Plaintiff Pro Se Alla I. Shuper by wrongfully and unprofessionally using
the combination of words "false emergency" (Document [150-4] Attachment 4-18
Exhibit 35) towards Plaintiff Pro Se, because the Plaintiff had at that time a chest
pain and panic attack. Plaintiff had taken at that time 13 kinds of medications
(Exhibit 3 pages 90-91) for all the diagnoses: Clonazepam, a new prescribed
medication which Plaintiff started taking on 03/15/12 Isosorbide Mononitrate,
Citolopram and 10 others. However, having a chest pain could be a life threatening
symptom considered as the side effect of Citolopram/Citolopram Hydrobromide (see
the Document 1-2 page 2 Exhibit 26 and Exhibit 32) - this Document says that
"Citolopram may be associated with these serious side effects: changes in the
electrical activity of your heart (QT prolongation and Torsade de Pointes). This
condition can be life threatening. The symptoms may include: chest pain, fast or slow
heartbeat, shortness of breath and dizziness or fainting.".
Element 2.3. "Such exclusion, denial of benefits, or discrimination was by
reason of the Plaintiff's disability" Buchanan, 469 F.3d at 170-71. The policeman
Austin and each and every policeman of Falmouth PD has to make sure that tenants
they deal with are not discriminated as I was discriminated by denying
accommodations in form of interpreter and crisis worker. As became CLEAR,

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policeman Austin did not know that I had experienced on February 27, 2013 the
panic attack/psychosis/paranoia being mentally disable and did not call neither
crisis worker, nor interpreter to make sure that my health condition of Plaintiff is
not under a danger.
E. Plaintiff is entitled to Summary Judgment on Claim 5: Performing Bias-Hate
Crime against Plaintiff Alla I. Shuper.
Element 1. Assault/Humiliation was performed by employees of Falmouth PD
while they accused Plaintiff in Harassment towards New England Poison Control. The
Chief Operating Officer of the Community Counseling Center Performed
Investigation: there were NO ANY PROOF of such Harassment (Document [1-7],
Exhibit 36 pages 103-107). Defendants DID NOT SHOW ME ANY PROOFS YET.
Element 2. Assault/Humiliation performed by the employee(s) of Falmouth PD
while they called me a CRIMINAL, because I had a few driver licenses. 1) Having a few
driver licenses is NOT PROHIBITED BY the "State of Maine Motorist Handbook and
Study Guide". 2) I have been having mental illness longer than I have been living in
the USA. Here, in the USA, every time when there is the due date for the certain
Document related to my Mental State, the Doctor has to confirm if I need to take
again road test or not. If "yes", my license is replaced. 3) As soon as I changed my
address, during the 10 days period of time I, as any resident of the state of Maine,
supposed to report about this change to Motor Vehicle Division and get a new license
with the new address.

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Element 3. Assault/Humiliation performed by policeman Hallett by FALSELY
REPORTING to the Falmouth PD about "false emergency" taken place on 03/25/12.
The Plaintiff Pro Se performed a PROOF THAT THIS STATEMENT IS FALSE above.
Element 4. THE HARASSMENT NOTICE (EXHIBIT 31) WAS ISSUED ONLY AS
RESULT OF A NUMBER OF CALLS MADE BY PLAINTIFF TO NON-EMERGENCY NUMBER
207-781-2300. "HARASSMENT", BY DEFINITION, IS "AT LEAST THREE
INTIMIDATIONS". DURING THE DEPOSITIONS DEFENDNATS WERE NOT ABLE TO
EXPLAIN WHAT KIND OF INTIMIDATIONS PLAINTIFF PRO SE PERFORMED. THIS WAY
FALMOUTH PD DEMONSTARTED THE BIAS HATE CRIME PERFORMED TOWARDS
PLAINTIFF PRO SE ALLA I. SHUPER (EXHIBIT 36 PAGES 100-103).
CONCLUSION
For the forgoing reasons, the Plaintiff has come forward with sufficient
evidence, taken in the light the most favorable to her, to establish all of the
challenged elements of her claims, and the Defendants' request for summary
judgment on those claims should be denied.
ANALYSIS OF THE CERTAIN DOCUMENTS WHICH FALMOUTH PD HAS IN
POSSESSION.
1. Based on the Exhibits 1, 11, 12, 13, 14, 15, 16, 17 and 18 and Depositions
(Depositions were submitted by Plaintiff to the First Circuit Court of Appeals),
Plaintiff Pro Se Alla I. Shuper concludes that the Falmouth PD VIOLATED ADA THE
SECOND TIME BY NOT CONSIDERING THE REAL MENTAL CONDITION PLAINTIFF PRO

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SE HAD ON 02/27/13 WHAT WAS CLEARLY DESCRIBED IN ALL THE MENTIONED
EXHIBITS. THE REASONABLE ACCOMMODATIONS REQUESTED BY MY PCP AND MY
COMPLAINT SUBMITTED TO FALMOUTH PD AND TO CUMBERLAND COUNTY
SHERIFFS OFFICE CLEARLY EXPLAIN THE MENTAL CONDITION I HAD AS FEELING OF
EMOTIONAL INSECURITY AND UNSEFTY. AFTER GETTING SUCH DOCUMENTS, THE
CHIEF OF FALMOUTH PD OR LT. KILBRIDE SUPPOSED TO MAKE A DECISION ABOUT
WRONGFUL ARREST PERFORMED BY THE POLICEMAN AUSTIN AND SUPPOSED TO
REVOKE COMPLAINT THEY SUBMITTED TO THE CUMBERLAND COUNTY DISTRICT
COURT OF MAINE AGAINST PLAINTIFF. ALL THE MENTIONED DOCUMENTS WERE
SUBMITTED BY PLAINTIFF BEFORE THE SCHEDULED COURT DAY.
2. THE PAGES 11 OF EXHIBIT 33 ("COURT APPEARANCE") AND PAGE 16 OF
EXHIBIT 29 DEMONSTRATE THE VILATION OF THE CONSTITUTION OF THE USA AND
OTHER LAWS. THE CHIEF OF POLICE PROHIBITED FROM HAVING SUCH RIGHTS AS
SIGNING INTERROGATORRIES AND GIVING OR NOT GIVING PERMISSION HIS
EMPLOYEES FOR APPEARENCE IN COURT HEARINGS.
Respectfully Submitted,
Alla Iosifovna Shuper (Plaintiff Pro Se)
07/20/15

21. 21
Certificate of Service
I, Alla Iosifovna Shuper, Plaintiff Pro Se, respectfully states that the one copy of
this Document with the Exhibits will be electronically delivered by the Court to the
Attorney who represents MPUC and to the Attorneys who represent the Defendants
as soon as the Document and its Exhibits will be filed in the Federal Court of Maine.
Respectfully Submitted,
Alla Iosifovona Shuper
P.O. Box 331
Brunswick, ME 04011
07/20/15