Judge Schulman has criticized the state’s proposal to cap the verdict at $475,000 in a case involving abuse at New Hampshire’s youth detention center, calling it an “unconscionable miscarriage of justice.” The jury awarded $38 million to a man who claimed he was abused at the Youth Development Center, but found the state liable for only one incident of abuse. The judge outlined five options to address the dispute, ruling out reconvening the jury or questioning them about their decision.

Schulman rejected the idea of applying the damages cap to the single incident found by the jury, stating that there were clearly more than one incident of abuse in the case. He emphasized that a verdict of $475,000 would not be just considering the magnitude of the abuse suffered by the victim. The judge presented two remaining options: ordering a new trial or adjusting the number of incidents on the verdict form. While a new trial would be legally correct, Schulman expressed concerns about the delay in justice it would cause for the plaintiff and other former residents with similar lawsuits.

The judge suggested a process where a judge can add damages to the original amount awarded by the jury if a defendant waives a new trial. He estimated the number of incidents in the case to be 155, proposing a reduction by 25% as a deliberate error in the state’s favor. Schulman highlighted the credibility of the plaintiff and the logical inconsistency of the jury awarding $38 million while finding less than 116 incidents of abuse. The plaintiff, David Meehan, took legal action against the state several years after reporting the abuse to the police, leading to the arrest of 11 former state workers.

During the trial, Meehan’s attorneys argued that the state fostered a culture of abuse at the youth detention center characterized by brutality, corruption, and a code of silence. On the other hand, the state depicted Meehan as a troublesome individual and discredited his claims by alleging that he waited too long to file a lawsuit. A hearing on the dispute over the verdict is scheduled for the coming month, where the judge will further weigh the options to ensure justice for the victims and hold the state accountable for its role in the abuse at the facility.

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