MURDOCK v. CITY OF KEENE

No. 92-262.

137 N.H. 70 (1993)

JOHN R. MURDOCK v. CITY OF KEENE

Supreme Court of New Hampshire.

April 13, 1993.


Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester (Robert C. Dewhirst on the brief, and Eileen Fox orally), for the plaintiff.

Upton, Sanders & Smith, of Concord (David P. Slawsky and Barton L. Mayer on the brief, and Russell F. Hilliard orally), for the defendant.


BROCK, C.J.

This interlocutory transfer without ruling from the Superior Court (McGuire, J.) presents the question of whether a jailer having physical custody and control over a prisoner may be liable in tort for injuries sustained by that prisoner in his attempt to commit suicide. We hold that a jailer may be liable if the jailer's reckless conduct proximately causes injury to the prisoner.

In December 1989, the plaintiff, John R. Murdock, was arrested...

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