New Hampshire Youth Center Abuse Case: $38M Verdict Hangs in Balance

A $38 million verdict in a landmark abuse case at New Hampshire's youth detention center remains disputed. The judge faces a dilemma between imposing a cap or ordering a new trial.

August 23 2024, 06:09 PM  •  373 views

New Hampshire Youth Center Abuse Case: $38M Verdict Hangs in Balance

The legal aftermath of a landmark abuse case at New Hampshire's youth detention center continues to unfold, nearly four months after a jury awarded David Meehan $38 million in damages. The case, which has brought attention to the facility now known as the Sununu Youth Services Center, remains in dispute as both parties submit final requests to Judge Andrew Schulman.

At the heart of the controversy is the interpretation of the jury's verdict form, which indicated only one "incident" of abuse. This designation has significant implications due to state law capping claims against the state at $475,000 per incident. The jury, unaware of this cap, awarded $18 million in compensatory damages and $20 million in enhanced damages to Meehan for abuse he allegedly suffered in the 1990s.

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Judge Schulman faces a challenging decision. Imposing the cap, as requested by the state, could be seen as an "unconscionable miscarriage of justice," according to his earlier statement. However, the alternative of ordering a new trial also presents complications.

Meehan's attorneys, Rus Rilee and David Vicinanzo, have proposed preserving the $38 million award by setting aside only the portion of the verdict specifying one incident. Alternatively, they suggest a limited new trial focused solely on determining the number of incidents. They argue that forcing Meehan to choose between reliving his trauma in a new trial or accepting a fraction of the intended award would be unjust.

Conversely, the state's attorneys contend that imposing the cap is the only legally correct course of action. They suggest that the jury's decision could be interpreted as finding the state negligent in creating a single harmful environment or believing Meehan's testimony about a single incident.

This case has far-reaching implications for the Sununu Youth Services Center, formerly known as the Youth Development Center. Established in 1858, the facility has been the subject of multiple investigations and lawsuits over the years. In 2021, the New Hampshire legislature voted to close the center by March 2023, reflecting ongoing concerns about its operations and treatment of youth offenders.

"The time is nigh to have the issues fully briefed and decided," Judge Andrew Schulman wrote in an order early this month giving parties until Wednesday to submit their motions and supporting documents.

Meehan's lawsuit, filed in 2020, three years after he reported the abuse to police, has led to significant developments in the state's juvenile justice system. Eleven former state workers have been arrested, although one has since died and charges against another were dropped due to incompetence to stand trial.

The first criminal case related to these allegations is set to begin on August 28, 2024. Victor Malavet, who has pleaded not guilty to 12 counts of aggravated felonious sexual assault, is accused of assaulting a teenage girl at a pretrial facility in Concord in 2001.

As the legal proceedings continue, the case has sparked discussions about reform in juvenile detention facilities. The Sununu Youth Services Center, which can house up to 144 youth offenders, has faced criticism for its use of restraints and isolation. There have been calls to replace the facility with smaller, community-based programs, reflecting a shift in approach to juvenile justice.

The outcome of this case may have lasting implications for how abuse allegations in state institutions are handled and compensated, potentially influencing policy changes and reform efforts in New Hampshire and beyond.