Starr v. Governor

Summary

The New Hampshire Supreme Court held that RSA 524:1-b requires mandatory interest on pecuniary damages awarded in an equity proceeding. The court concluded that all prisoners receiving damages from the invalid 5% prison canteen surcharge were entitled to judgment interest, and it reversed and remanded. The plaintiff’s separate challenge to a later 6% surcharge was not preserved for appellate review.

Holdings

1. RSA 524:1-b makes the addition of judgment interest mandatory, not discretionary, when pecuniary damages are awarded in an equity proceeding.
2. The request for judgment interest was not untimely because interest could not be added until judgment was entered.
3. All prisoners who received pecuniary damages as a result of the equity action were entitled to judgment interest.
4. The court could not review the legality of the subsequent 6% surcharge because the plaintiff failed to alert the trial court to the alleged error.

Questions Presented

1. Whether RSA 524:1-b requires the clerk to add judgment interest to pecuniary damages awarded in an equity proceeding.
2. Whether all prisoners who received pecuniary damages from the equity action were entitled to judgment interest, or whether interest was limited to the named plaintiff and other formal parties.
3. Whether the legality of the subsequently imposed 6% prison-canteen surcharge was preserved for appellate review.

Disposition

reversed_and_remanded