Frank Staples and Kathleen Bussiere v. Governor, NH, State of et al.

Summary

The United States District Court for the District of New Hampshire approved a magistrate judge’s Report and Recommendation in part, modifying the basis for dismissal of the plaintiffs’ individual-capacity claims against the Governor and Attorney General to qualified immunity. The court granted the defendants’ motion to dismiss, denied the motion for a preliminary injunction, and directed the clerk to enter judgment and close the case.

Holdings

1. The individual-capacity claims against Governor Sununu and Attorney General Formella arising from the October 13, 2021 incident were dismissed on qualified-immunity grounds because plaintiffs failed to demonstrate that the alleged constitutional violations involved clearly established rights.
2. Qualified immunity may be resolved on a motion to dismiss when the facts alleged by the plaintiff do not establish a violation of a constitutional right that was clearly established at the time of the alleged misconduct.
3. Plaintiffs' motion for a preliminary injunction was denied.

Questions Presented

1. Whether qualified immunity required dismissal of plaintiffs' individual-capacity constitutional claims against Governor Sununu and Attorney General Formella.
2. Whether qualified immunity may be resolved at the motion-to-dismiss stage based on the facts alleged in the complaint.
3. Whether plaintiffs were entitled to a preliminary injunction.

Disposition

dismissed