“The Supreme Court has held that a State is not a ‘person’. … Likewise, a state agency that is an arm of the state also is not a ‘person,’” Frey wrote in a motion filed with the US District Court in Portland, Maine.

In a similar vein, Frey argued state agencies are not liable for violations of the Maine Civil Rights Act because they are not individual people. He also argued the Maine Tort Claims Act provides “sovereign immunity” to the state and its agencies from civil suits, except in narrow circumstances.

The lawsuit was filed by Justin Savage, who suffered a broken nose during a March 2024 arrest in Limerick, Maine. The York County district attorney’s office eventually dropped all charges against Savage stemming from the incident, including assault on an officer.

In September, Savage and his girlfriend, Shawna Morse, sued the state, the Maine State Police, its top official, Colonel William Ross, and three individual officers involved in the arrest for assault, violation of civil rights, wrongful arrest, malicious prosecution, defamation, and destroying evidence, among other claims.

After the arrest, the Maine State Police cleared its officers of any wrongdoing, including then-trooper Jamie Fenderson, who was captured on dash cam footage repeatedly punching Savage in the face while his hands were handcuffed behind his back. A joint Maine Monitor and Bangor Daily News investigation of the video footage and police records from the incident determined the Maine State Police misrepresented the events of the night in both police reports and public statements.

The Maine State Police did not initially investigate the incident as potential “serious misconduct,” tasking Fenderson’s commander with the investigation instead of the Office of Professional Standards. Only after a series of public records requests related to the incident prompted fear of litigation did State Police leaders ask the Office of Professional Standards to review the incident.

While the review was still ongoing, the agency promoted Fenderson — his first promotion in 16 years.

In addition, the Monitor/BDN investigation found that the Maine State Police had investigated nearly three dozen complaints alleging excessive force by its troopers over the past decade and cleared its troopers of wrongdoing in every case.

Frey asked the court to dismiss Savage and Morse’s claim that State Police disposed of evidence, including a spit mask used on Savage and the gloves Fenderson was wearing during the arrest. The attorney general argued that “spoliation of evidence” claims can only be addressed during criminal proceedings, not civil lawsuits.

The filing also argued the lawsuit’s defamation claim should be dismissed against the state and the Maine State Police because Savage and Morse did not allege that Maine State Police social media posts had an “adverse effect” on their legal status, such as being fired or demoted from their jobs.

Frey’s filing did not address the facts alleged in Savage and Morse’s lawsuit and did not seek to dismiss the bulk of the claims made against Ross or the individual officers involved in the arrest.

The attorney general’s office is also representing Ross and the three officers, according to court records.

In an amended complaint filed in late October, Savage and Morse alleged that Fenderson punched Savage in the face between 11 and 13 times while Savage was “fully restrained.”

Earlier this month, during an appearance before the Legislature’s criminal justice committee, Michael Sauschuck, commissioner of the Maine Department of Public Safety that oversees the State Police, said he would not answer any questions related to the Savage case, citing the lawsuit.

Shortly after filing the lawsuit, Savage and Morse’s attorney, Jeffrey Bennett, called on York County District Attorney Kathryn Slattery to open a grand jury investigation into the actions of the officers who arrested Savage. Slattery did not respond to requests for comment, and no charges have been filed.

In a historically heralded class of freshmen basketball players, Olivia Breen is one of the crown jewels. Spectators can forgive the Oceanside standout, then, if her reaction after a 28-point game in a comfortable victory wasn’t jubilation.

The expectations are sky-high for Breen, who already had Division I offers before she even began eighth grade. So, a half-hour after the Oceanside girls basketball team’s 68-48 win at Nokomis last Tuesday, Matt Breen, her father and coach, had a hunch about why she was still in the locker room.

“It’s one of those games where she probably doesn’t want to talk to Dad,” Matt Breen joked. “We have a lot of long car rides home, even after some good nights for her. Even though she’s young, I forget that sometimes.”

This 2029 class features a multitude of players with unprecedented talent and skills that make it easy to forget their youth. It’s a class that had those on the Maine high school basketball scene raving before it even reached high school, and thus far, its success has defined the 2025-26 season.

A LOADED ROSTER

Between stints at Windham and now South Portland, Kevin Millington has been a head boys basketball coach for almost 30 years. He’s seen countless standout players, many of whom went on to have outstanding college careers, come through some of Maine’s largest schools — but 2029’s depth, he said, stands out.  

“I just can’t remember (a better freshman class),” Millington said. “I mean, there’s probably been better freshmen — obviously Cooper Flagg, Nik Caner-Medley and those — but the depth of them is pretty remarkable and something I have not seen. You’ve probably got eight or so impact freshmen in the state who are the best players on their teams.”

At the very top of the class might be Cony’s Carter Brathwaite.

At just 14, Brathwaite is already one of Maine’s best players, averaging 20.7 points, 6.6 rebounds, 5.4 assists and 4.0 steals per game. A fluid guard with elite athleticism, Brathwaite, who has multiple prep school offers, can get to the basket and create off the dribble with remarkable ease.

Right there with Brathwaite is Khaelon Watkins of Cheverus. Despite playing against the state’s top teams in Class A South, Watkins is third in Class A in scoring at 20.9 points per game. Millington called Watkins the best athlete he’s seen in a long time, and Matt MacKenzie, founder of the Team Maine AAU squad on which Watkins and Brathwaite played, said both players have endless potential.

Khaelon Watkins of Cheverus puts up a shot during a Jan. 8 game against Bonny Eagle in Standish. Watkins is averaging 20.9 points per game in a tough Class A South region. (Gregory Rec/Staff Photographer)

“You’re going to see Khaelon continue to take leaps and bounds just because he’s still so raw and can still get even better,” MacKenzie said. “With Carter, (his family) has allowed him to be challenged by putting him around bigger, stronger, faster players that are a little older. … That’s really helped him to improve.”

It’s far from a two-man show.

Quinn Pelletier is averaging 19.0 points, 10.6 rebounds and 7.1 assists for a Madawaska team that routinely rest its starters in the second half because of big leads; cousins Leonel Despacho and Israel Muzela are starters and key contributors for South Portland, ranked fifth in the Varsity Maine poll; Ephraim Luseko is a dynamic guard for 7-3 Portland; Maranacook’s Gage Mattson, averaging 18.5 points and 7.3 rebounds, is already a star.

“It’s probably the best freshman class in the past 10-15 years, and I think we’ve got one of the top three in the state (in Gage),” said Maranacook coach Travis Magnusson. “He hasn’t played yet how he’s going to play, but he’s doing so many good things defensively.”

With the exception of Despacho, all of these players came together as part of Team Maine on the AAU circuit in late 2023. Although they were still in seventh grade then, they proved they belonged in their first tournament together three months later by finishing fourth against some of the top teams nationally.

“We were playing Team Durant, Team Chris Paul and these teams funded by NBA stars, and here we are, a bunch of kids from Maine,” said Shawn Pelletier, Quinn’s father and Madawaska’s coach.

The Cooper Flagg effect has been real, said Watkins, who likened Team Maine’s out-of-state AAU trips to Flagg’s with Maine United, a 16U team that took on and beat many of the country’s best in 2023. MacKenzie, who is also Flagg’s longtime trainer, said Flagg has always made himself available to younger players at his gym.

Portland boys coach Joe Russo said the 2029 class has built on Flagg’s impact. Maine high school basketball, the longtime Bulldogs coach said, has been looking for a spark since Flagg left the state after his freshman year at Nokomis — and this class might be it.

“It’s one of the most talented groups of freshmen, certainly statewide, that I’ve seen in a long time,” Russo said. “With this group coming up, maybe the excitement will come back to the communities.”

ANOTHER BREEN SHINES IN THE SPOTLIGHT

On the girls side, there’s Olivia Breen, younger sister of Bailey Breen: three-time KVAC Player of the Year, two-time state champ and current University of Maine forward. Olivia has been otherworldly dominant, averaging 27.5 points and 11.5 rebounds for 12-1 Oceanside. She scored 50 points, a program record, in last Thursday’s 77-24 win over Lincoln Academy.

The Breen sisters left Maine prior to the 2024-25 school year, Olivia’s eighth-grade season and Bailey’s senior year, to play prep ball at Montverde Academy. Yet after suffering a shoulder injury and playing just two games for Montverde, Olivia Breen chose to return to Maine for her freshman year.

Oceanside freshman Olivia Breen looks toward the basket as Lawrence’s Ashley Shores defends during a Dec. 9 game in Fairfield. Breen, who already boasts multiple Division I offers, set the Oceanside single-game scoring record last Thursday with a 50-point performance against Lincoln Academy. (Rich Abrahamson/Staff Photographer)

“I kind of needed to come back and have a rebuild year,” said Breen, who returned to basketball in July after undergoing shoulder surgery in December 2024. “I obviously didn’t play much, but I had a great opportunity, and I just came back here to kind of find myself again because I was struggling with mental health down there.”

Breen, who already boasts offers from Boston College and Providence, can do it all. She dominates the post with her 6-foot-3 frame, but she also boasts a consistent jump shot. She credits the growth of her game to her sister, her “biggest role model.”

“She’s my inspiration; I chose to play basketball because of her,” Breen said. “I’m no better than anyone else here — I’m the same person — so I just try to be levelheaded.”

Thornton Academy’s Lydia Lizotte, Breen said, is another freshman girl primed for big things in the coming years. Elsewhere, Kristin King is averaging 11.3 points for a Cheverus team that’s the unanimous Varsity Maine No. 1, 6-3 Alexa Quintana (9.9 rebounds per game) is an impact player for 11-0 Gardiner, and Avery Norwood is making a splash for 9-3 Mount Desert Island.

It’s a class that’s tight-knit throughout the state. Breen, who improved her craft by practicing against the Team Maine boys, called Watkins one of her best friends, as did Brathwaite, who thinks the class is living up to the hype that surrounded it entering the year.

“I think we are, definitely,” Brathwaite said. “I love these guys; I’ll be hitting them up after games to see how they’re doing and checking in on them. It’s great to see them all playing good and doing great things all over Maine.”

Staff Writer Steve Craig contributed to this report.

Maine officials are pausing the issuance of undercover license plates after receiving a request for plates from federal border security authorities that comes amid rumors that a wave of immigration enforcement actions could soon be carried out in the state.

Secretary of State Shenna Bellows said Saturday that the Maine Bureau of Motor Vehicles, which is housed in the secretary of state’s office, received a request for confidential, undercover Maine plates from U.S. Customs and Border Protection. Bellows did not say when exactly the request came in.

“These requests in light of rumors of ICE deployment to Maine and abuses of power in Minnesota and elsewhere raise concerns,” she said in a written statement. “We have not revoked existing plates but have paused issuance of new plates. We want to be assured that Maine plates will not be used for lawless purposes.”

A spokesperson for Bellows said Saturday that additional information was not immediately available, including how many plates were requested and whether CBP has made such requests in the past.

A media contact for CBP did not immediately respond to questions from the Press Herald on Saturday night seeking details of the request and the agency’s response to the secretary of state’s pause on the issuance of new undercover plates.

The action comes as rumors have been circulating that Immigration and Customs Enforcement could expand its operations in Maine cities. The suggested raids have not yet materialized and the federal government has not shared details.

Federal authorities earlier this week placed an order for cold weather gear for U.S. Customs and Border Protection in Houlton.

At least one other federal law enforcement agency has raised concerns about the pause on undercover plates.

Ryan Guay, a supervisory deputy U.S. Marshal for the U.S. Marshals Service District of Maine, said he went Friday to register the agency’s fleet of vehicles via email with the secretary of state’s office and was told the state is not offering “covert status” for federal agencies.

In the past, Guay said the Marshals Service has been able to obtain undercover plates in order to carry out law enforcement operations. The marshals service is a federal agency that supports the judicial branch, including by executing federal court orders, providing security for the judiciary, managing federal prisoners and apprehending criminals.

Guay said he was surprised to learn of the change and was not told it is temporary. He said he was not given a specific reason for the change and said it poses a safety risk for the marshals service.

“This is a drastic change from historical precedent that gives us great concern,” he said. “We often do sensitive investigations or deal with protected persons, and we don’t want to advertise that they’re affiliated with us.”

Guay said Saturday that he was trying to figure out next steps for his agency.

“I’m engaged with our national office and offices around the country to kind of figure out what to do, as this is not a common occurrence at all,” he said.