New Hampshire 1983 Law
 

Chasrick Heredia v. Michael Roscoe, et al.

Concord, New Hampshire civil rights lawyer represented Plaintiff who sued Defendant on a constitution rights violation theory under 42 U.S.C. 1983.

This case arose out of an incident that occurred in the early morning hours of May 11, 2018. Manchester Police Officers Michael Roscoe, Canada Stewart, Matthew Nocella, and Nathan Harrington responded to a noise complaint at a local bar. The o... More...
   $0 (03-17-2023 - NH)

Chasrick Heredia v. Michael Roscoe, Canada Stewart, Matthew Nocella, Nathan Harrington

oncord, New personal injury lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming that the Defendant police officers used excessive force and injured him in violation of the Constitutional rights.





More...    $2100 (02-16-2023 - NH)

Jacob William Johnson v. Wendy Giroux and John Lombard

Concord, New Hampshire civil rights lawyer represented Plaintiff who sued Defendant on a 42 U.S.C. 1983 constitutional rights violation theory.


In this action, the plaintiff Jacob William Johnson filed a complaint[1] pursuant to 42 U.S.C. § 1983, asserting claims against a number of current and former employees of the New Hampshire Department of Corrections (“DOC”), alleging tha... More...
   $0 (09-15-2022 - NH)

Joe McCoy v. Town of Pittsfield, NH

Concord, New Hampshire personal injury lawyer represented Plaintiff, who sued Defendant on a civil rights violation theory under 42 U.S.C. 1983.

11/04/2021 28 NOTICE OF APPEAL by Joe McCoy.( Filing fee $ 505, receipt number ANHDC-2180276.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.u... More...
   $0 (10-06-2021 - NH)

Bashar Awawdeh v. Town of Exeter, New Hampshire, et al.


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Concord, NH - Bashar Awawdeh sued Town of Exeter, New Hampshire, Justin A. Ra... More...
   $0 (06-21-2019 - NH)

Jeffrey Mills v. Town of Jackson, NH




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Concord, NH - Jeffrey Mills sued the Town of Jackson, New Hampshire on a civil rights violation theor... More...
   $1 (04-15-2019 - NH)

Frank Staples v. Richard Gerry





This appeal concerns three claims that a New Hampshire State Prison
("NHSP") inmate brought against two of the prison's officers in a
lawsuit under 42 U.S.C. 1983 alleging violations of his federal
constitutional rights. The inmate alleges in the first of t... More...
   $0 (04-24-2019 - NH)

United States of America v. Eric Tanguay




Eric Tanguay was seated in his
car with a friend in a parking lot when a local police officer
approached and asked him several questions. His answers led to a
search, followed by the seizure of evidence of potential drug
trafficking. On this appeal following his ... More...
   $0 (03-10-2019 - NH)

Jonathan Leite v. Kathy Bergeron





This appeal is from the
rejection of a claim of unconstitutional deliberate indifference
by a corrections officer to the health and safety of an inmate,
Jonathan Leite. Leite v. Goulet, No. 15-CV-280-PB, 2018 WL
3057740 (D.N.H. June 20, 2018). Leite was badl... More...
   $0 (12-22-2018 - NH)

UNITED STATES OF AMERICA v. ERIC PINEDA-MATEO




Before moving forward, a brief survey of the spousal testimonial privilege and the rationales that have traditionally undergirded it is in order. A. The spousal testimonial privilege is an evidentiary privilege that protects a defendant's spouse from having to take the witness ... More...
   $0 (09-23-2018 - NH)

The State of New Hampshire v. Brian Watson

Because the defendant has not provided, as part of the appellate record, the transcript of the evidentiary hearing held on his motion or all of the exhibits entered at that hearing, we must assume that the evidence was sufficient to support the trial courts denial of his motion to suppress, and we review its decision only for errors of law. See State v. Woods, 139 N.H. 399, 403 (1995). Accordi... More...    $0 (07-04-2018 - NH)

The State of New Hampshire v. Bailey P. Serpa

The defendant, Bailey P. Serpa, appeals an order of the Superior Court (Howard, J.), requiring him to register as a sexual offender. On appeal, the defendant argues that registration as a sexual offender for a conviction of violating RSA 649-B:4 is contrary to the manifest objectives of RSA 632-A:4 and violates constitutional requirements that all penalties be proportional to the offense. We aff... More...    $0 (07-04-2018 - NH)

Amy Akin and Diana M. Espaillat v. Noah Pack, Matthew Trombley and Robin Whitney

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Concord, NH - Amy Akin and Diana M. Espaillat sued Noah Pack, Matthew Trombley and Robin Whitney on civil rights violation theories.

Noah Pack is a Trooper, Massachusetts State Police, in his individual capacity as a police officer.


Matthew Trombley is a Trooper, Massachusetts State Police, in his individual capacity as a police officer


Robin Whitney is a Detective... More...
   $0 (05-08-2018 - NH)

Diana M. Espaillat v. Noah Pack, Matthew Trombley, Robin Whitney

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Concord, NH - Diana M. Espaillat sued Noah Pack, Matthew Trombley, Robin Whitney on rights violation theories.

The claims made and defenses asserted are not available.

Date Filed # Docket Text
04/11/2018 ENDORSED ORDER modifying Procedural Order. Text of Order: Any submissions with a filing deadline of April 16, 2018, are hereby extended to a new deadline of April 17, 2018... More...
   $0 (05-08-2018 - NH)

THE STATE OF NEW HAMPSHIRE v. CARLOS GONZALEZ, III

Aggravated Felonious Sexual Assault

New Hampshire Supreme Court

The defendant, Carlos Gonzalez, III, appeals his convictions on two counts of aggravated felonious sexual assault. See RSA 632-A:2 (2016). The defendant argues that the Trial Court (Wageling, J.) erred when it vacated the pro hac vice admission of two out-of-state attorneys, thereby depriving him of his right to chosen counsel under Part I, Article 15 of the State Constitution and the Sixth Ame... More...    $0 (11-07-2017 - NH)

The State of New Hampshire v. Robert Grimpson Smith

The pertinent facts are as follows. On August 2, 2014, Officer Alden responded to a report that a woman, later identified as Kerry St. Lawrence, had collapsed on the lawn outside 14 Bank Street in Lebanon. When Alden arrived, he saw St. Lawrence sitting bent over on the lawn, approximately six feet from the entrance of the rooming house located at that address. Alden called out to her, but she ... More...    $0 (02-02-2017 - NH)

The State of New Hampshire v. William Edic

The defendant, William Edic, appeals his conviction, following a jury trial in Superior Court (McNamara, J.), on one count of second degree murder and one count of falsifying physical evidence. See RSA 630:1-b, I(b) (2016); RSA 641:6, I (2016). On appeal, the defendant challenges various evidentiary rulings made at trial. We affirm.

The record supports the following facts. The char... More...
   $0 (02-02-2017 - NH)

THE STATE OF NEW HAMPSHIRE v. SEAN MCINNIS

Following a bench trial based upon stipulated facts, the defendant, Sean McInnis, was convicted of two counts of possession of a controlled drug. See RSA 318-B:2, I (2011). On appeal, he challenges his convictions, arguing that the Superior Court (Tucker, J.) erroneously denied his motion to suppress. We affirm.

The following facts are drawn from the trial courts order, or are oth... More...
   $0 (01-16-2017 - NH)

Belsito Communications, Inc. d/b/a 1st Responder Newspaper v. James Decker

Brian Blackden is a part-time freelance photographer who
for years has sent photos to a bunch of regional-media outlets,
including Belsito Communications, Inc. (just "Belsito" from now
on). Belsito and Blackden filed this suit alleging that New
Hampshire State Trooper James Decker violated their constitutional
rights when he seized Blackden's camera at the scen... More...
   $0 (12-29-2016 - NH)

UNITED STATES OF AMERICA v. PETER APICELLI

In September 2013, New Hampshire law enforcement
officials received information from a Campton town employee named
Robert Bain about a potential marijuana grow near Chandler Hill
Road and Mason Road. On September 5, state police officers met
with Bain near Chandler Hill Road to locate the marijuana plants.
The area by Chandler Hill Road and Mason Road was heavily wooded.... More...
   $0 (10-17-2016 - NH)

The State of New Hampshire v. David Aldrich

HICKS, J. The defendant, David Aldrich, appeals his conviction, following a jury trial in Superior Court (MacLeod, J.), on two counts of aggravated felonious sexual assault. See RSA 632-A:2, I(j) (2007). The defendant challenges the trial courts ruling preventing him from crossexamining the victim about three of four allegedly false allegations of sexual assault that she had made against othe... More...    $0 (09-18-2016 - NH)

The State of New Hampshire v. David Aldrich

The defendant, David Aldrich, appeals his conviction, following a jury trial in Superior Court (MacLeod, J.), on two counts of aggravated felonious sexual assault. See RSA 632-A:2, I(j) (2007). The defendant challenges the trial courts ruling preventing him from crossexamining the victim about three of four allegedly false allegations of sexual assault that she had made against other men. He a... More...    $0 (09-03-2016 - NH)

The State of New Hampshire v. Christopher Long

The record reflects the following facts. In May 2012, the defendant kidnapped the victim, who, at the time, was pregnant with his child. The child was born soon after. In March 2013, the defendant pleaded guilty to six criminal charges for which prison sentences were imposed. Three of the sentences were imposed stand committed, requiring the defendant to be imprisoned immediately. The remai... More...    $0 (08-21-2016 - NH)

The State of New Hampshire v. Drew Fuller

The record reflects the following facts. The defendant was arrested on May 26, 2015, and charged with possession of heroin, changing marks on a firearm, and carrying a firearm in a vehicle without a license. See RSA 318-B:2, I (2011); RSA 159:13 (2014); RSA 159:4 (2014). The State filed informations on the misdemeanor firearm charges on July 16, and a grand jury indicted the defendant on the h... More...    $0 (06-29-2016 - NH)

The State of New Hampshire v. Drew Fuller

The record reflects the following facts. The defendant was arrested on May 26, 2015, and charged with possession of heroin, changing marks on a firearm, and carrying a firearm in a vehicle without a license. See RSA 318-B:2, I (2011); RSA 159:13 (2014); RSA 159:4 (2014). The State filed informations on the misdemeanor firearm charges on July 16, and a grand jury indicted the defendant on the h... More...    $0 (06-21-2016 - NH)

State of New Hampshire v. Louise E. Pinault

The record supports the following facts. On August 27, 2013, the defendant was involved in two motor vehicle accidents in Hollis. She was charged with driving under the influence (DUI) and with violating the conduct after an accident statute. See RSA 265-A:2, I(a)(2014); RSA 264:25, I. One witness saw a big puff of dirt as if an impact had happened on the side of the road and saw a gold se... More...    $0 (04-23-2016 - NH)

State of New Hampshire v. Amy Kathleen Mouser

The trial court found the following facts when it denied the defendants motion to suppress. On June 7, 2012, Joseph Jennings was arrested on drugrelated charges and released on personal recognizance bail to the custody of
the defendant. That day, he was also served with a temporary order of protection that prohibited him, and third parties acting on his behalf, from contacting a certain wo... More...
   $0 (04-23-2016 - NH)

State of New Hampshire v. Christopher Kean

The following facts are derived from the trial courts order or the record. On September 4, 2012, the defendant, while wearing an official but discontinued Manchester Police jacket, was observed by Manchester Police Officer Biron walking in front of a Manchester Police Department substation. Although the jacket had been discontinued in 1999, it bore a current Manchester Police Department patch. ... More...    $0 (04-23-2016 - NH)

The State of New Hampshire v. Eric R. Cable

The relevant facts follow. In April 2013, a grand jury indicted the defendant on alternate counts of negligent homicide. See RSA 630:3, I (2007), II; see also State v. Wong, 125 N.H. 610, 618-20 (1984) (explaining that, under RSA 630:3, I, II, the culpability requirement of negligent homicide may be satisfied either by showing that a person caused the death of another negligently or by establish... More...    $0 (04-02-2016 - NH)

State of New Hampshire v. Makenzy Thelusma

The following facts are derived from the record. On August 9, 2012, Sergeant Roy, a Berlin police officer, observed the defendant driving the wrong way on a one-way street. Roy stopped the car and the defendant produced a New York state identification card, but not a drivers license. While Roy was in his cruiser unsuccessfully seeking to determine whether the defendant had a valid drivers lic... More...    $0 (02-22-2016 - NH)

The State of New Hampshire v. Tyler Boyer

The State appeals an order of the Circuit Court (Rappa, J.) granting the motion of the defendant, Tyler Boyer, to suppress evidence obtained when, without a warrant, the police entered the apartment that he shared with his girlfriend and arrested him. The trial court found that the defendant had standing to object to the search despite the fact that, at the time of the search, he was present wi... More...    $0 (02-15-2016 - NH)

State of New Hampshire v. Taneal C. Broadus

Following a bench trial, the defendant, Taneal C. Broadus, was convicted on one felony count of possession of oxycodone, one felony count of possession of codeine, and one misdemeanor count of possession of marijuana. See RSA 318-B:2 (Supp. 2014). On appeal, she challenges only her felony convictions, arguing that the Superior Court (Wageling, J.) erroneously denied her motion to suppress eviden... More...    $0 (01-06-2016 - NH)

State of New Hampshire v. Elizabeth Cloutier

The defendant, Elizabeth Cloutier, appeals her conviction by jury on one count of burglary. See RSA 635:1 (2007) (amended 2014). On appeal, she argues that the Superior Court (Bornstein, J.) erroneously denied her motion to suppress her confession. We affirm. The following facts are drawn from the trial courts findings and rulings or are otherwise supported in the record, which includes a vid... More...    $0 (01-06-2016 - NH)

Deere & Company & a. v. The State of New Hampshire, Kubota Tractor Corporation v. The State of New Hampshire, Husqvarna Professional Products, Inc. v. The State of New Hampshire

The pertinent facts follow. SB 126, enacted in 2013, amended RSA chapter 357-C to define motor vehicle as including equipment, which means farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts. Laws 2013, 130:1 (quotations omitted); see RSA 357-C:1, ... More...    $0 (12-31-2015 - NH)

The State of New Hampshire v. Craig Michael Sanborn

The following evidence was presented at trial. The defendant, who was experienced in machine and tool design, engineering, and bullet manufacturing, approached Magkor Industries (Magkor) in 2005 or 2006 about manufacturing its patented gunpowder, Black Mag. His company, Black Mag LLC, in which the defendant owned a majority interest, contracted to manufacture the gunpowder. The defendant origin... More...    $0 (12-19-2015 - nh)

Rooks v. Robb

David Robb appeals from a district court judgment denying his motion for summary judgment, partially granting Debbie Rooks' motion for summary judgment, and dismissing the remainder of Rooks' claims without prejudice. Because we conclude the district court erred when it found there was no genuine dispute of material fact, we reverse and remand. Between May 2002 and September 2004, David Robb rece... More...    $0 (12-03-2015 - NH)

Jeffrey Frost & a. v. Michael Delaney & a

This is the second opinion we have issued in connection with the prosecution of Frost for allegedly violating RSA chapter 397-A. See Frost v. Commr, N.H. Banking Dept, 163 N.H. 365 (2012). We begin by reviewing the statutory backdrop to this case and summarizing the relevant facts drawn from the trial courts orders, the record, and our prior opinion. RSA chapter 397-A governs the licensing o... More...    $0 (11-17-2015 - NH)

The State of New Hampshire v. Patrick Eschenbrenner

The following facts are undisputed or are otherwise supported by the record. The defendant was charged with six counts of pattern AFSA, two counts of AFSA as individual acts, and one count of witness tampering. The defendants trial was scheduled for April 2013, but it was delayed when, just before trial, he attempted to commit suicide. This was his second attempt at suicide while in custody. ... More...    $0 (10-27-2015 - NH)

Cogswell Farm Condominium Association v. Tower Group, Inc.

In this declaratory judgment proceeding, the petitioner, Cogswell Farm Condominium Association (Cogswell), appeals an order of the Superior Court (McHugh, J.) finding that two exclusions in the insurance
2
policies issued by the respondents, Tower Group, Inc. (Tower) and Acadia Insurance Company (Acadia), preclude coverage in the petitioner’s underlying lawsuit against Lemery Building Co... More...
   $0 (01-13-2015 - NH)

John Doe v. State of New Hampshire

The petitioner, John Doe, appeals an order of the Superior Court (McNamara, J.) granting summary judgment for the respondent, the State of New Hampshire, on the petitioner’s declaratory judgment action, which sought a ruling that RSA chapter 651-B is unconstitutional, as applied to him, because it violates the prohibition against retrospective laws and the Due Process Clause of the New Hampshire... More...    $0 (02-12-2015 - NH)

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