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Judge Moves to Cap Verdict in YDC Case

Photo: Associated Press


CONCORD, N.H. (AP) — The judge who oversaw a landmark civil trial over abuse at New Hampshire’s youth detention center has issued a preliminary order slashing the $38 million verdict against the state to $475,000. Rockingham County Superior Court Judge Andrew Schulman previously said reducing the amount awarded to plaintiff David Meehan by nearly 99% would be an “unconscionable miscarriage of justice.” He reiterated that belief in a Nov. 4 order, but “reluctantly” granted the state’s request to the cap the award and said he would enter a final judgement to that effect on Friday barring any last-minute requests from attorneys.

Meehan’s allegations of horrific sexual and physical abuse at the Youth Development Center in 1990s led to a broad criminal investigation resulting in multiple arrests. His civil lawsuit seeking to hold the state accountable was the first of more than 1,100 to go to trial. Although jurors sided with him in May after a monthlong trial, confusion arose over how much money they could award in damages.

The dispute involves part of the verdict form that asked jurors “How many incidents does the jury unanimously find the plaintiff has proven by a preponderance of the evidence?” Jurors were not informed that state law caps claims against the state at $475,000 per “incident.”

The judge has denied Meehan’s motions for a new trial focused only on determining the number of incidents or to set aside just the portion of the verdict in which jurors wrote one incident. He said an entirely new trial remains an option, but Meehan’s attorneys have not requested one.

 

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