New Hampshire Deliberate Indifference Law
 

State of New Hampshire v. Adam Montgomery

Manchester, New Hampshire criminal defense lawyer represented the Defendant charged with second-degree assault, falsifying physical evidence, abuse of a corpse, and witness tampering.

Adam Montgomery was accused of killing his 5-year-old daughter Harmony Montgomery.

I.A person is guilty of murder in the second degree if:
(a) He knowingly causes the death of another; or
(... More...
   $0 (02-24-2024 - NH)

Signs for Jesus v. Town of Pembroke, NH, et al.

The Town of Pembroke, New
Hampshire, bans the use of electronic signs in all of its zoning
districts except its commercial district (C1) and certain nearby
areas. In April 2015, Hillside Baptist Church -- located outside
of these areas -- applied for a permit to install an electronic
sign on its property, which would transmit messages provided by
Signs for Jesus, a nonprofi... More...
   $0 (10-21-2020 - 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)

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. Thomas Milton

The relevant facts follow. The charges against the defendant stem from events occurring on July 26, 2010, at the New Hampshire State Prison where the defendant and the victim were then incarcerated. The defendant was a member of a prison gang known as the Brotherhood of White Warriors (BOWW), and had been ordered by Frankie Philbrook, a high-ranking member of BOWW, to assault the victim because ... More...    $0 (11-20-2016 - NH)

The State of New Hampshire v. Christina Thomas

LYNN, J. The defendant, Christina Thomas, appeals her conviction, following a jury trial in Superior Court (Lewis, J.), of first degree assault for knowingly causing serious bodily injury to a person under 13 years of age. See RSA 631:1, I(d) (2007). She argues that the trial court erred by: (1) admitting evidence of “other bad acts” committed against the victim and the victim’s mother; and (2... More...    $0 (02-25-2016 - NH)

The State of New Hampshire v. Christina Thomas

The pertinent facts are as follows. In 2002, the defendant reconnected with E.A., a childhood friend. Shortly thereafter, E.A. moved in with the defendant and her family. In August 2003, E.A. gave birth to D.A. and continued residing with the defendant, who promised to help take care of the child. E.A. and D.A. lived with the defendant until 2010, when D.A. was removed from the home and E.A. l... More...    $0 (02-23-2016 - NH)

New Hampshire v. Brian Craig

Following a jury trial in Superior Court (Delker, J.), the defendant, Brian Craig, was convicted on one count of criminal threatening, RSA 631:4 (Supp. 2014); one count of witness tampering, RSA 641:5 (2007); and one count of stalking, RSA 633:3-a (Supp. 2014). The convictions were based on a series of messages that he posted on his Facebook profile page in April 2012 that were directed to the vi... More...    $0 (02-22-2016 - NH)

Maureen McPadden v. Wal-Mart Stores East, L.P.

Concord, NH - Former Wal-Mart Pharmacist Awarded $31 million in damages

Maureen McPadden sued Wal-Mart Stores, Inc. on a wrongful termination theory claiming that she was fired from her pharmacist position at the Wal-Mart in Seabrook New Hampshire after she report safety concerns about how co-workers were dispensing prescriptions.

Wal-Mart claimed that the Plaintiff was terminate... More...
   $31000000 (01-29-2016 - 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)

The State of New Hampshire v. Samuel Pennock

In these consolidated appeals, the defendant, Samuel Pennock, appeals his conviction by a jury of felony simple assault, see RSA 631:2-a (2007); RSA 173-B:9, IV (2014), and the denial by the Superior Court (Bornstein, J.) of his post-conviction motion to vacate his sentence and for a new trial. On appeal, he argues that the trial court erred by: (1) substantively admitting the victim’s pretrial ... More...    $0 (10-27-2015 - NH)

Kurt West v. Bell Hilicopter Textron, Inc.

For thousands of years,
humanity has looked to the sky and dreamt of flying. Philosophers
and poets have had much to say on the subject, leaving in their
wake a bevy of quotes and sayings about the beauty of flight.1 The
Federal Rules of Civil Procedure, although elegant in their own
way, have so far failed to inspire such devotion.
Though this case arises out of a helicopt... More...
   $0 (08-02-2015 - NH)

State of New Hampshire v. Dale Collinge

The State of New Hampshire charged Dale Collinge, age 49, with second-degree murder in conjunction with the shooting death of Karen Boelzner, who Collinge shot in the head, in their Pembroke home in 2011.

Defendant claimed that he did not know the gun was loaded when he pulled the trigger.

Collinge admitted he took the rifle from Karen Boelzner only after she first pointed it a... More...
   $0 (05-25-2013 - NH)

Anthony Zeno v. Pine Plains Central School District

During his freshman year of high school, plaintiff-appellee Anthony Zeno ("Anthony") transferred to Stissing Mountain High School ("SMHS") in Pine Plains, New York. SMHS was a part of defendant-appellant Pine Plains Central School District (the "District"). His fellow students harassed him for the next three-and-a-half years. He brought this action below, contending that the District was deliberat... More...    $0 (12-04-2012 - NH)

Gail Jones v. Lawrence Secord

This case arises out of the tragic death of the plaintiff's decedent, Gary Jones, who was shot and killed by a man wielding a stolen handgun. In her federal court complaint, the plaintiff claimed that the gun owner's negligent storage of the weapon and his failure timely to report its theft proximately caused the decedent's death. The district court rejected these claims and granted summary judgme... More...    $0 (07-10-2012 - NH)

Richard Fellows v. Robin Tennant Colburn

The defendants, Robin Tennant Colburn and Ronald and Richard Tennant, appeal an order of the Superior Court (Sullivan, J.) denying their motion to dismiss this action by the plaintiffs, Richard and Cheryl Fellows and Benjamin Bellerose, for negligence and violation of federal law for lack of personal jurisdiction. We reverse.

The trial court’s order recites, or the record supports, the fo... More...
   $0 (11-22-2011 - NH)

Lorraine Tessier v. Regina A. Rockefeller

The plaintiff, Lorraine Tessier, appeals an order of the Superior Court (Abramson, J.) granting the defendants’ motion to dismiss. We affirm in part, reverse in part, and remand.

The plaintiff brought this action against the defendants, Regina S. Rockefeller and Nixon Peabody, LLP (Nixon Peabody), alleging the following facts. The plaintiff is the wife of Thomas Tessier, an attorney who p... More...
   $0 (09-15-2011 - NH)

Stephen C. Wyle v. Scott Lees

The defendants, Scott and Christina Lees, appeal a decision of the Trial Court (Houran, J.) finding in favor of and granting damages to the plaintiff, Stephen C. Wyle, following a bench trial on his claim for negligent misrepresentation. We affirm.

The trial court found the following facts. In 2002, the defendants purchased a two-unit apartment building located at 38 Oak Street in North Con... More...
   $0 (09-20-2011 - NH)

Akwa Vista, L.L.C. v. NRT, Inc. d/b/a Coldwell Banker Residential Brokerage

The defendants, NRT, Inc. d/b/a Coldwell Banker Residential Brokerage (Coldwell Banker) and Frank C. Schoenthaler, appeal the Superior Court’s (Smukler, J.) denial of their motion for judgment notwithstanding verdict (JNOV) and remittitur upon the jury verdict against them for breach of contract and negligent misrepresentation and upon the jury verdict against them for their counterclaims agains... More...    $0 (07-23-2010 - NH)

Mortosports Holdings, LLC v. Town of Tamworth

The intervenors, Amy K. Berrier and other abutters, landowners and residents of Tamworth, appeal the decision of the Superior Court (Houran, J.) that vacated and remanded the Town of Tamworth Planning Board’s decision to deny the application for a special use permit sought by the petitioner, Motorsports Holdings, LLC (Motorsports). We affirm in part, reverse in part and remand.

I

W... More...
   $0 (04-09-2010 - NH)

IMS Health, Inc. and Verispan, LLC v. Kelly A. Ayotte, New Hampshire Attorney General

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb... More...    $0 (11-28-2008 - NH)

Robert Depoutot v. John Raffaelly

This case involves a meandering motorist who claims that the arresting officer violated his constitutional right to substantive due process at the touch of a button (wrongfully terminating a breath alcohol test administered after the plaintiff's arrest for drunken driving). The district court determined that the facts, even when viewed in the light most hospitable to the plaintiff's theory of ... More...    $0 (10-06-2005 - NH)

Tyco International, Ltd. v. Mark H. Swartz

Mark H. Swartz appeals from the district court order which dismissed his motion to stay the civil actions lodged against him by his former employer, Tyco International ("Tyco"), as well as his motion to compel arbitration of the Tyco claims. As we discern no error, the district court judgment must be affirmed.

I

BACKGROUND

Swartz served as the Chief Financial Officer ... More...    $0 (09-12-2005 - NH)

Little Bay Lobster Company, Inc., et al. v. Donald L. Evans, Secretary of Commerce

Environmental Law - Administrative Law: This is an appeal by a lobster dealer (Little Bay Lobster Company) and several lobster boat operators based in New Hampshire from a decision of the district court sustaining new federal regulations affecting the plaintiffs. For convenience, we refer to the appellants collectively as "Little Bay" in describing the claims presented on appeal and assume fami... More...    $0 (12-22-2003 - NH)

Stephen Burrell v. Hampshire County, et al.

Stephen Burrell was assaulted and severely beaten by David Allen, a fellow inmate, on December 2, 1997 while they were both pretrial detainees at the Hampshire County Jail/House of Corrections ("the Hampshire Jail"). Burrell brought a damages action under 42 U.S.C. § 1983 (2000) against certain jail employees and Hampshire County Sheriff Robert Garvey. He alleged that defendants had been deliberat... More...    $0 (10-04-2002 - NH)

John H. Martin, Jr. v. Applied Cellular Technology, Inc.

Plaintiff-appellant John H. Martin, Jr. was employed by a company owned and controlled by defendant-appellee Applied Cellular Technology, Inc. ("ACT"). He brought this diversity action in the District Court for the District of New Hampshire to recover damages allegedly arising out of a criminal prosecution and a civil action that ACT commenced against him. The district court dismissed all of Marti... More...    $0 (03-19-2002 - NH)

Jessica Means v. Shyman Corporation

In October 1995, Ms. Means, then 18-years-old, was being subjected to a pattern of escalating sexual harassment while working in a relatively high risk social and work context in an isolated hotel and restaurant. That harassment culminated in an actual sexual assault in February of 1996. Dr. Harold Bursztajn, the forensic psychiatric expert retained by the plaintiff, testified that aggragating ... More...    $630000 (10-31-1998 - NH)

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