If you have been hurt by the government and ask yourself – “How do I Sue New Hampshire”? We hope this article helps you keep our government accountable.
How To Sue New Hampshire Government
The government and it’s officials are supposed to do what we want, without violating the constitution or other laws. When the state causes harm, and won’t cure those damages, you may only have recourse to sue New Hampshire.
Article 8 of the State of New Hampshire holds governmental units accountable for damages incurred during their operation. There are laws that allow you to sue the state, government, municipalities and officials. This guide is a compilation of opinion and notes of the legal justification for suing the State of New Hampshire, or any state.
Claims Against the State
Government is just a collection of people that get paid, by choice, to run things. They make mistakes, just like we all do. When those mistakes cause damages or personal injury, the remedy may be to sue the state.
How to Sue the State
There appears to be a special, easy, public procedure for claims against the State of New Hampshire. “Claims Against the State”, or Chapter 541 describes this process. The claims go to the agency that damaged a person, and to the Board of Claims.
Further, the New Hampshire Supreme Court has ruled against Sovereign Immunity recently:
“Despite its long history in this state, this court has also been skeptical of the merits of the doctrine of sovereign immunity. ” In re N.H. Div. for Children, Youth & Families, 175 N.H. 596, 599 (N.H. 2023)
That’s in 2023, son. I purport that there is no immunity in the State of New Hampshire – Article 8 holds the government, or officers in government, accountable to the people. Article 8 in NH was ratified before the United States Constitution, and certainly prior to the 11th Amendment.
Sue New Hampshire Family Court
New Hampshire Family Court system is having a lot of issues. Children are being hurt by judges, lawyers and litigants that lie in court. Lawyers make a lot of money of of divorce and the breaking up of families, as well as the state getting hundreds of millions of dollars in federal grants for administering child support.
There are so many issues, the House of representatives created a special committee for the relatively new Family Courts. Even with the testimony of the public, they failed to take appropriate action.
Suing New Hampshire Family Courts might actually get the change we need. The court and employees are governmental units – so you would have to sue New Hampshire.
See the Family Court Rules here, and New Hampshire Supreme Court Rules here – All on one, easily searchable page.
Learn more by viewing “New Hampshire Oliver Twist” by Robert Tanguay.
Laws and Statutes to Sue New Hampshire State
As stated above, “Claims Against the State”, Chapter 541 is a public way to deal with issues with the State of New Hampshire.
Here are the laws that describe how to sue the State of New Hampshire, but are not legal advise. You should consult an attorney to understand the legal risks and rights.
SUPERIOR COURT – CHAPTER 491
Section 491:8
491:8 Actions Against State. – The superior court shall have jurisdiction to enter judgment against the state of New Hampshire founded upon any express or implied contract with the state, including specific performance and other equitable remedies that are not limited to money damages. Any action brought under this section shall be instituted by bill of complaint and shall be tried by the court without a jury. The jurisdiction conferred upon the superior court by this section includes any set-off, claim or demand whatever on the part of the state against any plaintiff commencing an action under this section. The attorney general, upon the presentation of a claim founded upon a judgment against the state, shall submit the claim to the department or agency which entered into the contract, and said department or agency shall manifest said claim for payment from the appropriation under which the contract was entered into; provided, that if there is not sufficient balance in said appropriation, the attorney general shall present said claim to the general court for the requisite appropriation.
Source. 1951, 243:1. 1953, 83:1, eff. April 10, 1953. 2020, 12:2, eff. July 16, 2020.
CLAIMS AGAINST THE STATE – Chapter 541-B
Here are some of the laws for claims against the State of New Hampshire as of February of 2024. It describes a course of action that involves a 5 member board or the Superior Court for claims over $50,000. These result from a claim of damages including “Personal Injury”, which includes physical and emotional suffering.
It is recommended you read the entire statute (link in bottom), and consult an attorney to understand the legal risk
541-B:1 Definitions. –
In this chapter:
I. “Agency” means all departments, boards, offices, commissions, institutions, other instrumentalities of state government, including but not limited to the Pease development authority, division of ports and harbors, the New Hampshire housing finance authority, the New Hampshire energy authority, the community college system of New Hampshire, and the Pease development authority, and the general court, including any official or employee of same when acting in the scope of his or her elected or appointed capacity, but excluding political subdivisions of the state.
II. “Board” means the board of claims established by RSA 541-B:2.
II-a. “Claim” means any request for monetary relief for either:
(a) Bodily injury, personal injury, death or property damages caused by the failure of the state or state officers, trustees, officials, employees, or members of the general court to follow the appropriate standard of care when that duty was owed to the person making the claim, including any right of action for money damages which either expressly or by implication arises from any law, unless another remedy for such claim is expressly provided by law; or
(b) Property damages suffered by a state employee or official during the performance of that employee’s or official’s duties while on state business where compensation is appropriate under principles of equity and good conscience.
III. “Claimant” means any person who files a claim pursuant to this chapter.
IV. [Repealed.]
V. “Person” means any individual, partnership, association, corporation or political subdivision.
VI. “Political subdivision” means any village district, school district, town, city, county or unincorporated place in the state.
Source. 1977, 595:2. 1985, 412:4, 5, 15, I. 1988, 36:1. 1990, 161:3. 2001, 290:17, eff. July 1, 2001. 2007, 361:31, eff. July 17, 2007.
541-B:2 Board Established. – There is hereby organized, constituted and established a 5 member board of claims for the state.
541-B:6 Removal. – The governor may at any time remove a board member for cause, including malfeasance, misfeasance, inefficiency in office or incapacity or unfitness to perform his duties. The attorney general or chief justice of the superior court may petition for such removal, setting forth the grounds and reasons therefor. No board member shall be removed without a public hearing before the governor and council upon such petition, giving the member due notice thereof not less than 30 days before the hearing.
541-B:14 Limitation on Action and Claims. –
I. All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 9:27, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter. The limits applicable to any action shall be the limits in effect at the time of the judgment or settlement.
II. If a claim is filed against the state for time unjustly served in the state prison when a person is found to be innocent of the crime for which he was convicted, such a claim shall be limited to an award not to exceed $20,000.
III. The payment of interest shall be granted on any award authorized under this chapter at the rate provided in RSA 336:1 in the same manner as is provided for in civil actions generally.
IV. Any claim submitted under this chapter shall be brought within 3 years of the date of the alleged bodily injury, personal injury or property damage or the wrongful death resulting from bodily injury. As a condition precedent to commencement of the action, the agency shall be provided written notice within 180 days after the time of the injury or damage as to the date, time, and location the injury or damage occurred. The lack of written notice shall not bar a claim unless the agency can show by a preponderance of the evidence that its ability to defend against the action was substantially prejudiced thereby. Such notification may be made either by the claimant or an appropriate representative of the claimant.
541-B:9-a Claims Filed Against the State and Its Agent. – When a claim filed pursuant to this chapter is against both the state and an agent, official or employee of the state, the court shall determine whether the state is responsible for the actions of the agent, employee or official. If the court determines that the state is responsible for the actions of the agent, employee or official; the agent, employee or official shall be dismissed as a defendant and the plaintiff shall proceed solely against the state.
Source. 1994, 52:1, eff. Jan. 1, 1995.
https://gencourt.state.nh.us/rsa/html/LV/541-B/541-B-mrg.htm
Actions (In Court Against State)
Section 507:7-d
507:7-d Comparative Fault. – Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff’s legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict. The burden of proof as to the existence or amount of fault attributable to a party shall rest upon the party making such allegation.
Source. 1986, 227:2, eff. July 1, 1986.
Section 507:7-e
507:7-e Apportionment of Damages. –
I. In all actions, the court shall:
(a) Instruct the jury to determine, or if there is no jury shall find, the amount of damages to be awarded to each claimant and against each defendant in accordance with the proportionate fault of each of the parties; and
(b) Enter judgment against each party liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party’s liability shall be several and not joint and he shall be liable only for the damages attributable to him.
(c) RSA 507:7-e, I(b) notwithstanding, in all cases where parties are found to have knowingly pursued or taken active part in a common plan or design resulting in the harm, grant judgment against all such parties on the basis of the rules of joint and several liability.
II. In all actions, the damages attributable to each party shall be determined by general verdict, unless the parties agree otherwise, or due to the presence of multiple parties or complex issues the court finds the use of special questions necessary to the determination. In any event, the questions submitted to the jury shall be clear, concise, and as few in number as practicable, and shall not prejudice the rights of any party to a fair trial.
III. For purposes of contribution under RSA 507:7-f and RSA 507:7-g, the court shall also determine each defendant’s proportionate share of the obligation to each claimant in accordance with the verdict and subject to any reduction under RSA 507:7-i.
Upon motion filed not later than 60 days after final judgment is entered, the court shall determine whether all or part of a defendant’s proportionate share of the obligation is uncollectible from that defendant and shall reallocate any uncollectible amount among the other defendants according to their proportionate shares. The party whose liability is reallocated is nonetheless subject to contribution and to any continuing liability to the claimant on the judgment.
IV. Nothing contained in this section shall be construed to modify or limit the duties, responsibilities, or liabilities of any party for personal injury or property damage arising from pollutant contamination, containment, cleanup, removal or restoration as established under state public health or environmental statutes including, but not limited to, RSA 146-A, RSA 147-A and RSA 147-B.
Source. 1986, 227:2. 1989, 278:1-3, eff. Jan. 1, 1990.
Section 507:7-f
507:7-f Contribution Among Tortfeasors. –
I. Except as provided in paragraph II, a right of contribution exists between or among 2 or more persons who are jointly and severally liable upon the same indivisible claim, or otherwise liable for the same injury, death or harm, whether or not judgment has been recovered against all or any of them. Except as provided in RSA 507:7-g, I and IV, the right of contribution may be enforced only by a separate action brought for that purpose. The basis for contribution is each person’s share of the obligation, including the proportionate share of the claimant at fault as determined in accordance with the provisions of RSA 507:7-e. No right of contribution exists against a person who is immune to the claim which would otherwise give rise to a right of contribution. No right of contribution exists against the claimant at fault.
II. Contribution is not available to a person who enters into a settlement with a claimant unless the settlement extinguishes the liability of the person from whom contribution is sought, and then only to the extent that the amount paid in settlement was reasonable.
Source. 1986, 227:2, eff. July 1, 1986.
Section 507:7-g
507:7-g Enforcement of Contribution. –
I. If the proportionate fault of the parties to a claim for contribution has been established as provided in RSA 507:7-e, a party paying more than its proportionate share of the obligation may recover judgment for contribution upon motion in the same action, or by separate action.
II. If the proportionate fault of the parties to the claim for contribution has not been established, contribution may be enforced in a separate action, whether or not a judgment has been rendered against either the person seeking contribution or the person from whom contribution is being sought.
III. If a judgment has been rendered, the action for contribution must be commenced within one year after the judgment becomes final. If no judgment has been rendered, the person bringing the action for contribution must have either (a) discharged by payment the common liability within the period of the statute of limitations applicable to the claimant’s right of action against that person and commenced the action for contribution within one year after payment, or (b) agreed while action was pending to discharge the common liability and, within one year after the agreement, have paid liability and commenced an action for contribution.
IV. All such claims for contribution shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof except as follows:
(a) A party seeking contribution by separate action may at the outset elect to have the contribution action heard in a court of competent jurisdiction by filing an action in court; or
(b) A party against whom contribution is sought in a separate action may, within 60 days of receiving notice by certified mail of a demand for arbitration, elect to have the contribution action heard by a court of competent jurisdiction. Such election shall be made by notice by regular mail to the party seeking contribution or his counsel.
(c) Notwithstanding the foregoing, if and only if the plaintiff in the principal action agrees, a defendant seeking contribution may bring an action in contribution prior to the resolution of the plaintiff’s principal action, and such action shall be consolidated for all purposes with the principal action.
Source. 1986, 227:2, eff. July 1, 1986.
Section 507:7-h
507:7-h Effect of Release or Covenant Not to Sue. – A release or covenant not to sue given in good faith to one of 2 or more persons liable in tort for the same injury discharges that person in accordance with its terms and from all liability for contribution, but it does not discharge any other person liable upon the same claim unless its terms expressly so provide. However, it reduces the claim of the releasing person against other persons by the amount of the consideration paid for the release.
Source. 1986, 227:2, eff. July 1, 1986.
Section 507:7-j
507:7-j Subrogation Claims. – Whenever a subrogation claim pursuant to a contract of insurance is asserted for reimbursement of medical expenses as to a plaintiff’s recovery against a third party, the court in which the action is pending shall order such division of expenses and costs of the action, including attorneys’ fees, between the plaintiff and the insurance carrier and the medical provider, as justice may require.
Source. 2010, 364:1, eff. Jan. 1, 2011.
Section 507:8
507:8 Repealed by 1969, 225:2, eff. Aug. 12, 1969. –
Loss of Community, Family, Friendship and Love – Section 507:8-a
507:8-a Loss of Consortium. – In a proper action, either a wife or husband is entitled to recover damages for loss or impairment of right of consortium whether caused intentionally or by negligent interference. Where fault on the part of the claimant or the claimant’s spouse is found to have caused, in whole or in part, the injury to the spouse on which the claim for loss or impairment of consortium is based, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d.
Source. 1967, 218:1. 1986, 227:7, eff. July 1, 1986.
Section 507:8-b
507:8-b Strict Liability and Implied Warranties Limited. – It is expressly declared that no strict liability in tort, nor any implied warranty, attaches to the procurement, furnishing, donation, processing, distributing, or use of whole blood, plasma, blood products or blood derivatives for the purpose of administering, injecting or transfusing any of them into the human body, whether or not remuneration is paid therefor, and no person, firm, or corporation participating therein shall be liable for damages, except for negligence.
Source. 1971, 471:1, eff. Aug. 30, 1971.
Section 507:8-c
507:8-c Members of Professional Standards Review Organizations. –
I. In this section, “professional standards review organization” means any committee, board or similar entity which reviews and evaluates the acts of members of a profession and shall only include entities established for the following professions and by the following bodies:
(a) In the case of dentists, by an agency of the federal or state government, or a political subdivision thereof, by a licensed hospital or by a society or association affiliated with the American Dental Association, the board of dental examiners or the Dental Service Corporation.
(b) In the case of nurses, by an agency of the federal or state government, or a political subdivision thereof, by a licensed hospital or by a society or association affiliated with the American Nurses Association or the Medical Care Foundation.
(c) In the case of optometrists, by an agency of the federal or state government, or a political subdivision thereof, by a licensed hospital or by a society or association affiliated with the American Optometric Association, the Medical Care Foundation or the Vision Service Corporation.
(d) In the case of pharmacists, by an agency of the federal or state government, or a political subdivision thereof, by a licensed hospital or by a society or association affiliated with the Medical Care Foundation.
(e) In the case of physicians, by an agency of the federal or state government, or any political subdivision thereof, by a licensed hospital or by a society or association affiliated with the American Medical Association or the Medical Care Foundation.
(f) In the case of chiropractors, by an agency of the federal or state government, or any political subdivision thereof, or by a society or association affiliated with the American Chiropractic Association, the International Chiropractic Association, the New Hampshire Chiropractic Association or the New Hampshire Straight Chiropractic Society, Inc.
(g) In the case of engineers, by an agency of the federal or state government, or a political subdivision thereof, or by a society affiliated with the National Society of Professional Engineers or the board of engineers.
(h) In the case of veterinarians, by an agency of the federal or state government, or a political subdivision thereof, or by a society or association affiliated with the New Hampshire Veterinary Medical Association or the American Veterinary Medical Association or the board of veterinary medicine.
(i) In the case of physical therapists, by an agency of the federal or state government, or a political subdivision thereof, or by a society or association affiliated with the New Hampshire chapter of the American Physical Therapy Association.
II. A person serving as a member of a professional standards review organization shall not be liable in damages for any act taken by such person in good faith as a member of such organization.
Source. 1975, 360:1. 1977, 219:1. 1990, 198:2. 1994, 13:1, eff. June 7, 1994.
Section 507:8-d
507:8-d Liability Limited. – No person shall incur any civil liability to another person by taking any action against such person which would constitute justification pursuant to RSA 627.
Source. 1979, 429:1, eff. Aug. 22, 1979.
(Author Note – Can’t be sued for defending yourself)
507:15 Penalties for Frivolous Actions. – If, upon the hearing of any contract or tort action, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may order summary judgment against the party who brought such action or raised such defense, and award the amount of costs and attorneys’ fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
Source. 1986, 227:3. 1996, 2:2, eff. July 1, 1996.
Section 507:15-a
507:15-a Vexatious Litigants. –
I. In this section, “vexatious litigant” means an individual who has been found by a judge to have filed 3 or more frivolous lawsuits which the judge finds, by clear and convincing evidence, were initiated for the primary purpose of harassment.
II. The court may require a vexatious litigant to:
(a) Retain an attorney or other person of good character to represent him or her in all actions; or
(b) Post a cash or surety bond sufficient to cover all attorney fees and anticipated damages.
Source. 2013, 181:1, eff. July 2, 2013.
Damages in New Hampshire
To sue New Hampshire for damages by Government:
Section 508:4-c
508:4-c Elimination of Ad Damnum Clause. – In any personal action, the declaration or other affirmative pleading shall not specify or allege the amount of damages claimed, but shall, instead, state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to which the pleading is addressed.
508:4-d Damages Recoverable for Non-Economic Loss. –
I. In any action for personal injury, the damages awarded may include compensation for non-economic loss, including pain and suffering and such other elements of damage which are recognized by law and which are not objectively verifiable monetary losses. However, damages for non-economic loss shall in no case exceed $875,000.
Sue New Hampshire Governmental Units
507-B:1 Definitions. –
In this chapter:
I. “Governmental unit” means any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof, or any other body corporate and politic within the state, but does not include the state or any department or agency thereof.
I-a. “Employee or official of a governmental unit” means any member or officer of its governing board, administrative staff, or agencies, including but not limited to county employees, selectmen, school board members, chartered public school trustees, city councilors and aldermen, town councilors, town and city managers, mayors, regional planning commissioners, town and city health officials, police officers, overseers of public welfare, superintendents of schools, and all other employees and officials whether elected or appointed, and whether paid or unpaid, provided he or she is acting within the scope of his or her official duties.
II. “Action to recover for bodily injury” means an action arising out of bodily injury, including an action brought under RSA 556:9-14, whether brought by or on behalf of the person actually sustaining bodily injury or brought by any other person to whom rights may accrue arising out of such injury, regardless of the nature of the damages claimed.
III. “Personal injury” means:
(a) Any injury to the feelings or reputation of a natural person, including but not limited to, false arrest, detention or imprisonment, malicious prosecution, libel, slander, or the publication or utterance of other defamatory or disparaging material, invasion of an individual’s right of privacy, invasion of the right of private occupancy, wrongful entry or eviction, mental injury, mental anguish, shock, and, except when against the public policy or the laws of New Hampshire, or both, discrimination; and
(b) Any injury to intangible property sustained by any person as a result of false eviction, malicious prosecution, libel, slander, or defamation.
The term “personal injury” shall not include “bodily injury” or “property damage.”
IV. “Property damage” means a loss through injury to, or destruction of, tangible property or real estate.
V. “Pollutant incident” means any emission, discharge, release, or escape of any irritants, noxious substances or radioactive materials, in any physical state, into or upon land, the atmosphere, or any watercourse or body of water, including but not limited to all wastes and materials as defined in RSA 146-A, 147-A, 147-B and 149-M.
https://www.gencourt.state.nh.us/rsa/html/LII/507-B/507-B-mrg.htm
Statute Of Limitations in New Hampshire
Section 508:4
508:4 Personal Actions. –
I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
II. Personal actions for slander or libel, unless otherwise provided by law, may be brought only within 3 years of the time the cause of action accrued.
Source. RS 181:3, 4. CS 192:3, 4. GS 202:3. GL 221:3. PS 217:3. PL 329:3. 1937, 21:1. RL 385:3. RSA 508:4. 1969, 378:1. 1981, 514:1. 1986, 227:12, eff. July 1, 1986.
Section 507:11
507:11 Change of Venue. – The superior court may change the venue in any civil proceeding when justice or convenience requires it.
Source. 1907, 135:1. PL 328:3. RL 384:3.
Section 507:15
507:15 Penalties for Frivolous Actions. – If, upon the hearing of any contract or tort action, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may order summary judgment against the party who brought such action or raised such defense, and award the amount of costs and attorneys’ fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
Source. 1986, 227:3. 1996, 2:2, eff. July 1, 1996.
Section 507:15-b
507:15-b Powers of Court. – RSA 507:15 and RSA 507:15-a shall not be construed to diminish the inherent power of any court to grant appropriate relief not specified in those sections.
Source. 2013, 181:1, eff. July 2, 2013.
507:17 Actions Against Governmental Units; Definition; Court Records. –
I. “Governmental unit” means the state and any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof.
II. In any action against a governmental unit where the governmental unit has agreed to a settlement of such action, the complete terms of the settlement and the decree of the court judgment shall be available as a matter of public record pursuant to RSA 91-A.
III. The court may redact the names of minor children or any other person the court determines to be entitled to privacy.
Source. 2004, 246:1. 2008, 354:1, eff. Sept. 5, 2008.
Written and Researched by Robert Tanguay – Not a Lawyer or Legal Advice, but a Lobbyist that Cares
