SILVA v. WARDEN, N.H. STATE PRISON

No. 2003-196.

150 N.H. 372 (2003)

EDWARD SILVA v. WARDEN, NEW HAMPSHIRE STATE PRISON & a.

Supreme Court of New Hampshire.

Opinion Issued: December 24, 2003.


Attorney(s) appearing for the Case

Michael J. Sheehan, of Concord, by brief and orally, for the plaintiff.

Peter W. Heed, attorney general (Michael K. Brown, senior assistant attorney general, on the brief and orally), for the defendants.


DALIANIS, J.

The plaintiff, Edward Silva, appeals an order of the Superior Court (Fitzgerald, J.) granting a motion filed by the defendants, the warden and several employees of the New Hampshire State Prison, to dismiss Silva's writ with prejudice. We reverse in part, vacate in part and remand.

Silva, an inmate at the prison, alleged the following facts in his writ. Three different corrections officers assaulted Silva on three different occasions during...

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