STARR v. GOVERNOR

No. 2000-573.

148 N.H. 72 (2002)

DARREN STARR v. GOVERNOR & a.

Supreme Court of New Hampshire.

Opinion Issued: July 19, 2002.


Attorney(s) appearing for the Case

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Eugene Van Loan III and Todd J. Hathaway on the brief and orally), on behalf of the New Hampshire Civil Liberties Union, for the plaintiff.

Philip T. McLaughlin, attorney general (Michael K Brown, assistant attorney general, on the brief and orally), for the State.


NADEAU, J.

The plaintiff, Darren Starr, appeals from an order of the Superior Court (Manias, J.) granting the State's motion to dismiss. The superior court dismissed the plaintiff's challenge to a 5% surcharge assessed on purchases made in State prison commissaries. We reverse and remand.

The plaintiff is incarcerated in the New Hampshire State Prison system. The prison operates a commissary where the inmates are able to purchase food, paper goods,...

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