DOE v. COM'R OF DEPT. OF HEALTH

No. 2020-0454.

261 A.3d 968 (2021)

Jane DOE v. COMMISSIONER OF the NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Supreme Court of New Hampshire.

Opinion Issued: May 11, 2021.


Attorney(s) appearing for the Case

Simpson & Mulligan, P.L.L.C., of Lebanon ( Gary Apfel on the brief and orally), for the plaintiff.

Gordon J. MacDonald , attorney general ( Anthony J. Galdieri , senior assistant attorney general, Daniel E. Will , solicitor general, and Samuel R.V. Garland , assistant attorney general, on the brief, and Mr. Galdieri orally), for the defendant.

American Civil Liberties Union of New Hampshire, of Concord ( Gilles R. Bissonnette and Henry R. Klementowicz on the brief), and Weil, Gotshal & Manges LLP, of New York, New York ( Theodore E. Tsekerides , Aaron J. Curtis , and Colin McGrath on the brief), for the class plaintiffs in John Doe v. Commissioner, No. 1:18-CV-01039-JD (D.N.H.), in their individual capacities and on behalf of themselves and all others similarly situated, as amici curiae.

Law Office of Joshua L. Gordon, of Concord ( Joshua L. Gordon on the brief), for National Alliance on Mental Illness New Hampshire, as amicus curiae.

Sheehan Phinney Bass & Green, P.A., of Manchester ( Michael D. Ramsdell and James P. Harris on the brief), for New Hampshire Hospital Association & a., as amici curiae.


The defendant, the Commissioner of the New Hampshire Department of Health and Human Services (DHHS), appeals an order of the Superior Court (Tucker, J.) denying her motion to dismiss and granting the petition for a writ of habeas corpus filed by the plaintiff, who appears under the pseudonym "Jane Doe." The plaintiff...

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