Municipal Liability

The Municipal Liability service area regularly defends lawsuits brought against cities, towns, counties, police departments, police officers, school districts and teachers, in state and federal courts. These lawsuits often allege violations of constitutional rights (including false arrest, excessive force, illegal search and seizure, etc.), negligence in hiring, training, supervision and retention, employment discrimination, sexual harassment, and wrongful termination. In addition, the group defends land use and zoning litigation on behalf of governmental entities. The firm also has acted as bond counsel to meet the capital and operating cash needs of a majority of New Hampshire cities, all of its counties, and most of the state's towns, school districts, and village districts.

Defending municipalities, police departments, commissions, and individual officers from law enforcement liability claims is a primary aspect of the group's work. In this respect, the group's lawyers have defended claims filed pursuant to 42 U.S.C. § 1983 alleging illegal search and seizure, false arrest, improper investigation, improper use of police standards, excessive force, improper high speed pursuit, selective enforcement, selective prosecution, negligent hiring, training and supervision, as well as claims of municipal liability premised upon the alleged creation and implementation of an unconstitutional departmental custom, practice or policy. In addition, the Municipal Litigation Group defends governmental employees against general state law tort claims of negligent and intentional misconduct in violation of state law.

Clients & Cases

• Represented municipal police officers in landmark case of Everitt v. General Electric Co., in which New Hampshire Supreme Court first recognized the defense of official immunity.
• Litigated wrongful termination case brought against municipality by former police officer alleging bias and descrimination by Chief of Police.
• Obtained defendant's verdict in jury trial case in which a prisoner sued a county correctional facility for constitutional violations, including improper medical care and cruel and unusual punishment.
• Defended multiple municipalities against property damage claims arising out of the "Mother's Day Flood" of 2007 and the "Patriot's Day Flood" of 2008.