Case: Peck v. John Doe 1

2:26-cv-00293 | U.S. District Court for the District of Maine

Filed Date: June 4, 2026

Case Ongoing

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Case Summary

This is a case challenging the conduct of U.S. Immigration and Customs Enforcement (ICE) agents toward an observer in connection with “Operation Catch of the Day” in Maine. The plaintiff filed suit on June 4, 2026, in the U.S. District Court for the District of Maine against two unnamed federal agents acting in their individual capacities. The complaint arose from events connected to “Operation Catch of the Day,” an ICE operation launched on January 20, 2026, in Portland, Maine, and surroundin…

This is a case challenging the conduct of U.S. Immigration and Customs Enforcement (ICE) agents toward an observer in connection with “Operation Catch of the Day” in Maine.

The plaintiff filed suit on June 4, 2026, in the U.S. District Court for the District of Maine against two unnamed federal agents acting in their individual capacities. The complaint arose from events connected to “Operation Catch of the Day,” an ICE operation launched on January 20, 2026, in Portland, Maine, and surrounding areas. The complaint alleged that in this operation, the U.S. Department of Homeland Security (DHS) and ICE had conducted a mass detention and deportation campaign targeting immigrants of color, employing tactics such as racial profiling, excessive force, warrantless arrests, and due process violations.

The complaint states that on January 22, 2026, while exercising his First Amendment rights to peacefully observe and document ICE agent activities from a safe distance in Scarborough, Maine, the plaintiff was approached by the defendants, who accused him of violating 18 U.S.C. § 111, a criminal statute that prohibits forcibly impeding or interfering with federal agents performing official duties, and threatened arrest if he continued documenting their activities. This is a charge the complaint alleged no reasonable officer could have believed was supported, given the statute's requirement of forcible conduct. As a result of the encounter, the plaintiff allegedly suffered ongoing physical and emotional harm, including shaking, insomnia, elevated blood pressure, depression, hypervigilance, and anxiety, and was chilled from continuing to observe DHS agents in public.

The complaint brought two counts under the Maine Civil Rights Act (MCRA), 5 M.R.S. § 4682—one for First Amendment retaliation and one for an unlawful seizure in violation of the Fourth Amendment. The plaintiff sought declaratory relief, compensatory and punitive damages, an order requiring the defendants to indicate in any records that the plaintiff's conduct was lawful and their warning was unlawful, an order requiring the defendants to undergo training on the correct scope of 18 U.S.C. § 111, an injunction prohibiting the defendants from repeating this offense or otherwise retaliating against the plaintiff, nominal damages, attorney's fees, and costs. This case was assigned to District Judge John A. Woodcock Jr.

On August 3, 2026, the complaint was amended to also bring the case against the U.S. under the Federal Tort Claims Act, 28 U.S.C. § 2671-80 (FTCA), for the tortious acts, under Maine law, of the unnamed defendants. These include the torts of assault, battery, false arrest and imprisonment, intentional infliction of emotional distress, and negligent infliction of emotional distress.

This case remains ongoing.

Summary Authors

Madeline Dollard (8/5/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73441419/parties/peck-v-john-doe-1/

Judge(s)

Attorney for Plaintiff

BEARD, BRADEN ALEXANDER (Maine)

BUILES, ANA M. (Maine)

LEIGHTON, SHELBY (Maine)

TOWNSEND, ALLAN K. (Maine)

WEBBERT, DAVID G. (Maine)

Judge(s)

Woodcock, John A. (Maine)

Attorney for Plaintiff

BEARD, BRADEN ALEXANDER (Maine)

BUILES, ANA M. (Maine)

LEIGHTON, SHELBY (Maine)

TOWNSEND, ALLAN K. (Maine)

WEBBERT, DAVID G. (Maine)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:26-cv-00293	Civil Rights Complaint And Demand For Jury Trial	June 4, 2026	June 4, 2026 Complaint
6 2:26-cv-00293	First Amended Civil Rights Complaint And Demand For Jury Trial Peck v. United States of America et al.	Aug. 3, 2026	Aug. 3, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73441419/peck-v-john-doe-1/

Last updated Oct. 23, 2026, 3:29 a.m.

Docket for: PECK v. JOHN DOE 1

ECF Number	Date	Description	Link
1	June 4, 2026	COMPLAINT against JOHN DOE 1, JOHN DOE 2 with Jury Demand, filed by ROBERT C PECK. (Service of Process Deadline 9/2/2026) (Attachments: # 1 Exhibit 1-Place Holder for Video Clip)(mtm) (Entered: 06/04/2026) 1 Exhibit 1-Place Holder for Video Clip View on RECAP	Clearinghouse
2	June 4, 2026	CIVIL COVER SHEET. (mtm) (Entered: 06/04/2026)	RECAP
3	June 4, 2026	CERTIFICATION for Admission Pro Hac Vice of Ana Builes filed by SHELBY LEIGHTON on behalf of ROBERT C PECK (Total admission fee $ 200 receipt number AMEDC-3301634.) (LEIGHTON, SHELBY) (Entered: 06/04/2026)	RECAP
4	June 4, 2026	NOTICE of APPROVAL by Clerk's Office re 3 Certification for Admission Pro Hac Vice. Attorney ANA M. BUILES for ROBERT C PECK added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney ANA M. BUILES must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/11/2026. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jgd) (Entered: 06/04/2026)	RECAP
	June 4, 2026	Set Deadlines/Hearings
	June 4, 2026	Case Opening Filing Fee Paid
	June 4, 2026	Set Deadlines/Hearings as to ANA M. BUILES: Pro Hac Vice Certificate due by 6/11/2026. The Certification for Admission Pro Hac Vice form can be downloaded from our website at http://www.med.uscourts.gov/forms. (mtm)
	June 4, 2026	Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-3301503.), filed by ROBERT C PECK.(WEBBERT, DAVID)
5	July 9, 2026	Summons Issued as to JOHN DOE 1, JOHN DOE 2. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons John Doe 2)(jam) (Entered: 07/09/2026) 1 Summons John Doe 2 View on PACER	RECAP
6	Aug. 3, 2026	First AMENDED COMPLAINT with with Jury Demand filed by ROBERT C PECK against All Defendants. Service of Process Deadline 11/2/2026 (Attachments: # 1 Exhibit 1: Video Clip, # 2 Exhibit 2: Notice of Claim)(WEBBERT, DAVID) (Entered: 08/03/2026) 1 Exhibit 1: Video Clip View on RECAP 2 Exhibit 2: Notice of Claim View on RECAP	Clearinghouse
7	Aug. 3, 2026	Summons Issued as to UNITED STATES OF AMERICA. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (cjd) (Entered: 08/03/2026)	RECAP
8	Aug. 5, 2026	NOTICE of Appearance by CONNOR JOHN HACKERT on behalf of UNITED STATES OF AMERICA (HACKERT, CONNOR) (Entered: 08/05/2026)	RECAP
9	Aug. 5, 2026	Consent MOTION for Entry of Protective Order for Early Discovery by ROBERT C PECK Responses due by 8/26/2026. (Attachments: # 1 Proposed Protective Order for Early Discovery)(WEBBERT, DAVID) (Entered: 08/05/2026) 1 Proposed Protective Order for Early Discovery View on PACER	RECAP
10	Aug. 6, 2026	PROTECTIVE ORDER FOR EARLY DISCOVERY granting 9 Motion for Protective Order for Early Discovery. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 08/06/2026)	RECAP
11	Aug. 7, 2026	NOTICE of Appearance by JOSEPH GONZALEZ on behalf of UNITED STATES OF AMERICA (GONZALEZ, JOSEPH) (Entered: 08/07/2026)	RECAP
12	Aug. 7, 2026	Consent MOTION Motion for Leave to Conduct Limited Early Discovery of the United States Before Rule 26(f) Conference by ROBERT C PECK Responses due by 8/28/2026. (Attachments: # 1 Declaration of David G. Webbert, # 2 Exhibit A to Declaration of David G. Webbert, FTCA Claim, # 3 Exhibit B to Declaration of David G. Webbert, Confirmation of FOIA Request, # 4 Exhibit C to Declaration of David G Webbert, FOIA Communication, # 5 Exhibit D to Declaration of David G. Webbert, Follow up FOIA Request, # 6 Exhibit E to Declaration of David G. Webbert, ICE response to FOIA request, # 7 Exhibit F to Declaration of David G. Webbert, Email communications with ICE, # 8 Exhibit G to Declaration of David G. Webbert, ICE response, # 9 Exhibit H to Declaration of David G. Webbert, Letter to US Attorneys, # 10 Exhibit I to Declaration of David G. Webbert, Email communications with United States, # 11 Declaration of Shelby H. Leighton)(WEBBERT, DAVID) (Entered: 08/07/2026) 1 Declaration of David G. Webbert View on PACER 2 Exhibit A to Declaration of David G. Webbert, FTCA Claim View on PACER 3 Exhibit B to Declaration of David G. Webbert, Confirmation of FOIA Request View on PACER 4 Exhibit C to Declaration of David G Webbert, FOIA Communication View on PACER 5 Exhibit D to Declaration of David G. Webbert, Follow up FOIA Request View on PACER 6 Exhibit E to Declaration of David G. Webbert, ICE response to FOIA request View on PACER 7 Exhibit F to Declaration of David G. Webbert, Email communications with ICE View on PACER 8 Exhibit G to Declaration of David G. Webbert, ICE response View on PACER 9 Exhibit H to Declaration of David G. Webbert, Letter to US Attorneys View on PACER 10 Exhibit I to Declaration of David G. Webbert, Email communications with United S View on PACER 11 Declaration of Shelby H. Leighton View on PACER	RECAP
13	Aug. 7, 2026	(Restricted Document not available in CM/ECF or PACER) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by ROBERT C PECK (WEBBERT, DAVID) (Entered: 08/07/2026)	RECAP
14	Aug. 10, 2026	ORDER granting 12 Motion for Leave to Conduct Limited Early Discovery. Plaintiff is authorized to conduct the discovery requested. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 08/10/2026)	RECAP
15	Aug. 10, 2026	NOTICE of Hearing: A telephonic hearing has been scheduled and the parties have been provided the Court's call-in information. Conference of Counsel set for 8/11/2026 at 3:00 PM by Telephone before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 08/10/2026)	RECAP
16	Aug. 10, 2026	ADDITIONAL ATTACHMENTS filed by ROBERT C PECK re 12 Motion for Miscellaneous Relief 1,,, . Main Document: Amended Declaration of David G. Webbert. (WEBBERT, DAVID) (Entered: 08/10/2026)	RECAP
	Aug. 10, 2026	Order on Motion for Miscellaneous Relief 1
17	Aug. 11, 2026	Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference of Counsel held. (Court Reporter: FTR) (MFS) (Entered: 08/12/2026)	RECAP
18	Aug. 12, 2026	NOTICE of Hearing: A telephonic hearing has been scheduled and the parties will be provided the Court's call-in information. Conference of Counsel set for 8/18/2026 at 2:00 PM by Telephone before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 08/12/2026)	RECAP
19	Aug. 18, 2026	NOTICE of Canceled Hearing. The telephone conference of counsel scheduled for 8/18/2026 at 2:00 p.m. has been canceled. (MFS) (Entered: 08/18/2026)	RECAP
20	Aug. 19, 2026	NOTICE/CORRESPONDENCE Re: Acceptance of Service for John Doe 1 and John Doe 2 by UNITED STATES OF AMERICA (GONZALEZ, JOSEPH) (Entered: 08/19/2026)	RECAP
	Aug. 20, 2026	Set/Reset Answer Deadline
	Aug. 20, 2026	Set Answer Deadline for JOHN DOE 1, JOHN DOE 2 per Acceptance of Service, ECF 20: Answer due by 10/16/2026. (jam)
21	Aug. 21, 2026	SERVICE Returned EXECUTED filed by ROBERT C PECK as to UNITED STATES OF AMERICA. (WEBBERT, DAVID) (Entered: 08/21/2026)	RECAP
	Aug. 21, 2026	Set/Reset Answer Deadline
	Aug. 21, 2026	Set Answer Deadline for UNITED STATES OF AMERICA per Declaration of Service, ECF 21: Answer due by 10/9/2026. (jam)
22	Sept. 23, 2026	NOTICE/CORRESPONDENCE Re: True Names of Defendants John Doe 1 and John Doe 2 by ROBERT C PECK (WEBBERT, DAVID) Modified on 9/23/2026 to seal document (jam). (Entered: 09/23/2026)	RECAP
23	Oct. 5, 2026	Consent MOTION for Leave to File a Motion in Excess of 20 Pages by UNITED STATES OF AMERICA Responses due by 10/26/2026. (GONZALEZ, JOSEPH) (Entered: 10/05/2026)	RECAP
24	Oct. 6, 2026	ORDER granting 23 Motion for Leave to File Excess Pages. Defendant and Plaintiff may file main written arguments up to 30 pages in length. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 10/06/2026)	RECAP
25	Oct. 9, 2026	MOTION to Substitute Party Re: Substitution of the United States under the Westfall Act by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Scope Certification, # 2 Text of Proposed Order on Substitution of the United States under the Westfall Act)(HACKERT, CONNOR) Modified on 10/13/2026 to correct event from Notice/Correspondence to a Motion to Substitute (mmy). (Entered: 10/09/2026)	RECAP
26	Oct. 9, 2026	MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by UNITED STATES OF AMERICA Responses due by 10/30/2026. (HACKERT, CONNOR) (Entered: 10/09/2026)	RECAP
27	Oct. 13, 2026	NOTICE of Docket Entry Modification regarding 25 MOTION to Substitute Party: This docket entry is modified to reflect it is a Motion to Substitute Party and not Notice/Correspondence as filed. (mmy) (Entered: 10/13/2026)	RECAP
	Oct. 13, 2026	Set Deadlines as to 25 MOTION to Substitute Party per Magistrate Judge Nivison: Responses due by 10/30/2026. Reply to be filed in accordance L.R. 7(c). (mmy)
28	Oct. 15, 2026	MOTION to Stay the Response Deadline for John Doe 1 and John Doe 2 Pending the Court's Disposition of the United States' Motion to Substitute by UNITED STATES OF AMERICA Responses due by 11/5/2026. (HACKERT, CONNOR) (Entered: 10/15/2026)	RECAP
29	Oct. 16, 2026	RESPONSE in Opposition re 28 MOTION to Stay the Response Deadline for John Doe 1 and John Doe 2 Pending the Court's Disposition of the United States' Motion to Substitute filed by ROBERT C PECK. Reply due by 10/30/2026. (WEBBERT, DAVID) (Entered: 10/16/2026)	RECAP
30	Oct. 19, 2026	REPLY to Response to Motion re 28 MOTION to Stay the Response Deadline for John Doe 1 and John Doe 2 Pending the Court's Disposition of the United States' Motion to Substitute filed by UNITED STATES OF AMERICA. (FILED IN ERROR Attachments: # 1 Exhibit Parties' Email Communications)(HACKERT, CONNOR) Modified on 10/19/2026 per counsel's request marked as filed in error. Counsel will refile. (jam). (Entered: 10/19/2026) 1 Exhibit Parties' Email Communications View on PACER	RECAP
31	Oct. 19, 2026	ADDITIONAL ATTACHMENTS filed by UNITED STATES OF AMERICA re 30 Reply to Response to Motion, . Main Document: Corrected Exhibit 1 to ECF 30 - Parties' Email Communications. (HACKERT, CONNOR) (Entered: 10/19/2026)	RECAP