PIETRANGELO v. SUNUNU

No. 21-1366.

15 F.4th 103 (2021)

James E. PIETRANGELO, II, Plaintiff, Appellant, v. Christopher SUNUNU, individually and in his official capacity as Governor of the State of New Hampshire, Lisa Morris, individually and in her capacity as Director of NH Division of Public Health Services; Lori Shibinette, individually and in her capacity as Commissioner of NH Department of Health and Human Services; Elizabeth Daly, individually and in her capacity as Chief of NH Bureau of Infectious Disease Control Defendants, Appellees, Unknown Does, in their individual and official capacities, Defendants.

United States Court of Appeals, First Circuit.

October 1, 2021.


Attorney(s) appearing for the Case

James E. Pietrangelo, II on brief pro se.

Laura E. B. Lombardi , Senior Assistant Attorney General, and Samuel R. V. Garland , Assistant Attorney General, on brief for appellees.

Before Lynch and Barron, Circuit Judges, and Burroughs, District Judge.


In the early stages of COVID-19 vaccine distribution, the State of New Hampshire implemented a plan to allocate its then-scarce supply. Under the plan, at least ninety percent of the state's supply would be distributed in phases based on age, occupation, and medical risk. The overall plan also earmarked up to ten percent of...

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