In Concord, New Hampshire, legal representatives for a significant number of individuals alleging abuse at the state’s youth detention facility have initiated a class action lawsuit aimed at maintaining the independent oversight of the state’s victim settlement fund. This fund was created to address claims of mistreatment, ensuring it is managed by an unbiased administrator appointed by the state’s Supreme Court. Legislators conceived this fund in 2022 as a “victim-centered” and “trauma-informed” option, steering away from typical litigation processes.
However, recent legislative changes, spearheaded by the Republican-majority Legislature, have altered this approach. These changes were introduced last minute into the state budget, which gained approval and was enacted by Governor Kelly Ayotte. Under this revised framework, coming into force on July 1, the governor gains authority to appoint and dismiss the fund’s administrator, while the politically-appointed attorney general can veto settlement decisions.
In affidavits supporting the lawsuit, leading plaintiffs argue that these alterations represent a significant shift from the original understanding, which adversely impacts their trust in the process. Jane Doe, one of the women involved, expressed her disillusionment, stating she wouldn’t have disclosed her story if she had anticipated this change. Having fled abuse at home only to encounter further violations in state custody, she feels profoundly let down by the state, questioning whether it will uphold confidentiality agreements.
Similarly, Andrew Foley, another plaintiff, shared his distress over the situation. Despite his experiences as a combat veteran in Iraq, he attributes his PTSD to the abuse endured during his time in state care. Foley believes that the new setup undermines the integrity of the fund, making it unjust as the state now determines the value of claims.
Efforts to contact Governor Ayotte and Attorney General John Formella for comments were not fruitful. Since 2020, over 1,300 individuals have filed lawsuits claiming abuse at state-run facilities, particularly the Sununu Youth Services Center in Manchester. Among these, only one lawsuit proceeded to trial resulting in a $38 million verdict, which the state is challenging to reduce significantly. Furthermore, two other lawsuits have concluded with settlements of $10 million and $4.5 million respectively.
In addition to civil suits, the state has pursued criminal actions against former employees resulting in two convictions and two mistrials. Meanwhile, many victims have placed legal action on hold to apply for the settlement fund, which disburses a maximum of $2.5 million per claim. By late March, 296 of these claims had been resolved with an average compensation amount of $543,000.
The recently filed lawsuit aims to secure a temporary order preventing the governor from dismissing the current fund administrator, John Broderick, a former Chief Justice of the state Supreme Court. This legal action underscores the plaintiffs’ desire to retain a neutral and fair process as originally promised.