For Immediate Release
July 6, 2012
Lynmarie Cusack, Assistant Attorney General
The Court (Smukler, J.) issued an order on July 2, 2012 vacating the jury verdict in the case of Conrad v. New Hampshire State Police and Mark Myrdek. The Court granted the State's motion for directed verdict that was requested during trial at the close of the Plaintiff's case. After taking the motion under advisement the Court ruled that that State was entitled to sovereign immunity and Mark Myrdek entitled to official and qualified immunity for the actions taken on November 28, 2007 at State Police Headquarters. The Court found that the evidence revealed that the state police command staff believed in the lawfulness of their conduct that afternoon. The Court reasoned that the state police command staff reasonably believed that placing Officer Conrad in protective custody that afternoon for the safety of himself, his estranged wife and the public was appropriate and lawful. The Court also determined that the staff police command staff believed that they were justified in continuing the detention to have an independent agency assess the situation - which is what Concord Police Department ultimately did. These issues as decided by the judge were questions of law and not questions for the jury to decide. Attorney General Delaney and the attorneys involved in the trial believe the judge's decision will promote public safety by ensuring that our law enforcement officers can take appropriate steps to ensure the safety and well-being of our citizens. A copy of the court order is attached.
Adobe Acrobat Reader format. You can download a free reader from Adobe.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301