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PORTER v. CITY OF MANCHESTER

No. 2003-099

151 N.H. 30 (2004)

MICHAEL PORTER v. CITY OF MANCHESTER & a.

Supreme Court of New Hampshire

Opinion Issued: May 14, 2004

Attorney(s) appearing for the Case

Backus, Meyer, Solomon & Branch, LLP, of Manchester (Jon Meyer on the brief and orally), for the plaintiff.

McDonough & O'Shaughnessy, P.A., of Manchester (Robert J. Meagher on the brief and orally), for defendant City of Manchester.

Walker & Buchholz, P.A., of Manchester (James G. Walker on the brief and orally), for defendant Susan Lafond.

Upton & Hatfield, LLP, of Concord (Heather M. Burns and Lauren S. Irwin on the brief), and Law Offices of Nancy Richards-Stower, of Merrimack (Nancy Richards-Stower on the brief), for the New Hampshire Chapter of the National Employment Lawyers Association, as amicus curiae.

DUGGAN, J.

The defendants, City of Manchester (city) and Susan Lafond, appeal a jury verdict in Superior Court (Lynn, J.) awarding the plaintiff, Michael Porter, compensatory and punitive damages for wrongful termination, see Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915 (1981), and violation of 42 U.S.C. § 1983 (2000).

On appeal, the city argues that: (1) the trial court erred by refusing to instruct...

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