CONCORD, N.H. — Following a jury ruling that awarded David Meehan $38 million for suffering repeated abuse at a state-run center, his lawyers are now seeking intervention from the New Hampshire Supreme Court. This legal escalation comes in response to a judge’s order that significantly reduced the payout to $475,000, adhering to the state’s statutory cap on damages. Meehan’s attorneys argue this cap undermines the severity of the sustained abuse and are pushing for a judicial review to challenge its constitutionality.
David Meehan was subjected to severe mistreatment, including rape and physical assault, by staff members while detained as a juvenile at the Sununu Youth Services Center, formerly known as the Youth Development Center in Manchester. The statutory damage limit in New Hampshire allows only a maximum of $475,000 per incident, despite the several instances of abuse that Meehan reported during his stay at the facility.
The initial euphoria surrounding the jury’s multimillion-dollar verdict in Meehan’s favor last June was quickly tempered. Immediately after the verdict, the New Hampshire Attorney General’s Office contested the jury’s findings, invoking the damages cap which they argue applies due to the classification of the abuse instances.
Complications arose when jurors learned of the damages cap after the trial’s conclusion and expressed their dismay. They had acknowledged the state’s broad responsibility for a pervasive pattern of “wanton, malicious, and oppressive” conduct that enabled the systematic abuse against Meehan.
Acknowledging the complexities in this case, Rockingham Superior Court Judge Andrew Schulman labeled the forced application of the damage cap as a “miscarriage of justice.” Despite this, he noted that he had no option but to follow the constitutionally upheld cap without the possibility of demanding a new trial.
In a push for judicial clarity, Meehan’s attorneys, Rus Rilee and David Vicinanzo, are pressing the Supreme Court to review the cap and its application. They also question whether Judge Schulman could legally issue a partial verdict to amend the jury’s form or if a separate trial could be held to accurately determine the number of abuse instances the state is liable for.
Alongside Meehan’s case, over 1,000 adult survivors of abuse at YDC are bringing legal actions against the state. In response, New Hampshire has paid more than $102 million to settle 206 claims, with an additional 448 claims awaiting resolution, potentially costing up to $469 million.
With these civil suits proceeding, the state continues its legal confrontation led by the Attorney General’s Office, which paradoxically is also tasked with prosecuting former YDC staff criminally. Yet, despite numerous abuse allegations, only 11 former staff members have been indicted as of 2021. The office has now shifted its focus primarily on the trials rather than expanding its investigations.
Many survivors have criticized this dual role of the Attorney General’s Office as a significant conflict of interest. They allege that the state might be curtailing its criminal investigations to mitigate civil liabilities, as further criminal proceedings could bolster the survivors’ civil cases by providing more evidence.
As the legal battles and debates over justice continue, the case reignites discussions on the rights of abused minors and the responsibilities of state institutions supposed to protect them.
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