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NH Municipal Law: Supreme Court Establishes Official Immunity for Police Officers and Police Departments in New Hamsphire

By Amy Campbell

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In Everitt v. Town of Hooksett, et al. 156 N.H. 202 (2007), the New Hampshire Supreme Court recognized for the first time that police officers and police departments are entitled to "official immunity" for state law claims brought against them, including negligence, and that municipal employers are also entitled to vicarious qualified immunity for the officers' conduct.

An article by Attorney Charles P. Bauer details the ruling at:
Supreme Court Case Establishes Official Immunity for Police Officers and Police Departments in New Hampshire

In 2008, the Superior Court (Maguire, J) granted summary judgment and dismissed the police officers and their municipal employer utilizing the newly created ?official immunity? law in New Hampshire. Official immunity for state law claims is similar ? and theoretically broader ? than "qualified immunity" for police officers sued for federal law claims such as excessive force and wrongful arrest under 42 U.S.C. 1983.
The New Hampshire Supreme Court held that:

?Municipal police officers are immune from personal liability for decisions, acts, or omissions that are: (1) made within the scope of their official duties while in the course of their employment; (2) discretionary, rather than ministerial; and (3) not made in a wanton or reckless manner.?

For more information, see the full article.

Full post as published by Law Links | Health Links on September 24, 2008 (boomark / email).