Justia Civil Rights Opinion Summaries

Petitioner David Fischer appealed a superior court order on his motions for pretrial bail, claiming that the court delegated authority to Strafford County Community Corrections (SCCC), which is managed by the Respondent, Superintendent of the Strafford County House of Corrections, in violation of the separation of powers doctrine. The written order stated that bail was set at $50,000 cash "[t]o convert to PR if found accep[table] by SCCC – Whether Bail is Posted or Converted all conditions apply." A pretrial motion to amend bail was denied, stating from the bench "[the judge was] just not going to order [SCCC] to do something it is not inclined to do. I have the power, and I have the discretion to do that, but I'm not going to in this case. The bail remains as is." Upon review, the Supreme Court concluded that the bail orders at issue here reflected "a cooperative accommodation among" the judicial and executive branches and does not violate the separation of powers doctrine.

Plaintiff Dana Chatman appealed a superior court order that dismissed his negligence claims against Defendant Paul Giampa, and his respondeat superior claim against Defendants Strafford County and the Strafford County Department of Corrections. Plaintiff was participating in a work program run by the Corrections Department, under the direct supervision of Giampa. Giampa directed Plaintiff and others to load numerous tables and chairs onto a trailer. The trailer was not yet hitched to another vehicle, and not situated on even ground. Giampa directed Plaintiff and the others to lift the trailer and hitch it to a pickup truck when a weld on the trailer jack/hitch failed, causing the trailer to fall on Plaintiff's left leg and ankle. Plaintiff sustained permanent injury to his leg and ankle. The trial court agreed with the defendants that the plaintiff's claims did not fall within the scope of RSA 507-B:2 because the truck and trailer were not being "operated" at the time of the loading/hitching, and declined to find that RSA 507-B:2 was unconstitutional. Upon review, the Supreme held "that the entire range of activities inherent in the loading and unloading process must be considered to determine whether a vehicle was being operated" and that "[o]peration includes participation in loading and unloading activities." The Court reversed the trial court's decision and remanded the case for further proceedings.

Petitioner Patricia Kalar petitioned the Supreme Court to challenge the reduction of her benefits by Respondent New Hampshire Department of Health and Human Services. The Department conducted an inquiry into Petitioner's income and expenses as part of a mandatory, periodic "recertification" process for determining Petitioner's food stamp benefits. At the last inquiry, the Department determined that Petitioner's food stamp benefit should be reduced. Petitioner argued on appeal that the Department erred in its calculation that served as the basis of its reduction determination. Upon review, the Supreme Court could not conclude that the reduction in Petitioner's benefits was due to miscalculations by the Department. The Court affirmed the Department's decision.