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Judge rules to reduce  million verdict in New Hampshire youth center abuse case
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Judge rules to reduce $38 million verdict in New Hampshire youth center abuse case

CONCORD, NH — The judge who oversaw a landmark civil trial over abuse at a New Hampshire youth detention center has issued a preliminary order reducing the $38 million verdict against the state to $475,000. Rockingham County Superior Court Judge Andrew Schulman previously said reducing the amount awarded to plaintiff David Meehan by nearly 99% would be a “inadmissible judicial error” He reiterated that belief in a Nov. 4 order, but “reluctantly” granted the state’s request to cap the sentence and said he would issue a final judgment to that effect Friday, barring a last-minute request. lawyers.

Meehan allegations of horrific sexual and physical abuse at the Youth Development Center in the 1990s led to an extensive criminal investigation resulting in multiple arrests. His civil lawsuit seeking accountability from the state was the first in a series of more than 1,100 lawsuits. Even if the jurors agreed with him in May after a one month trialconfusion arose over how much money they could award in damages.

The dispute concerns a portion of the verdict form that asked jurors: “How many incidents does the jury unanimously believe plaintiff has proven by a preponderance of the evidence?” Jurors were not told that state law caps claims against the state at $475,000 per “incident.”

Some jurors later said they wrote “one” on the verdict form to indicate that they believed Meehan suffered from a single case of post-traumatic stress disorder stemming from more than 100 episodes of physical, sexual and emotional. The state interpreted the verdict to mean that jurors found him responsible for a single “incident” of abuse that occurred at the Manchester facility, now called Sununu Youth Services Center.

The judge denied Meehan’s motions for a new trial focused solely on determining the number of incidents or to overturn only the portion of the verdict in which jurors wrote one incident. He said an entirely new trial remains an option, but Meehan’s attorneys have not requested one.

Meehan, 42, went to police in 2017 and sued the state three years later. Since, 11 former civil servants were arrested, although one has since died and charges against another were dropped after the man, now in his 80s, was found incompetent to stand trial .

The only criminal case to go to trial so far ended in a mistrial in September, after jurors questioned whether the defendant, Victor Malavet, raped a young girl at a segregated public facility in Concord.

Bradley Asburywho has pleaded not guilty to restraining a teenager while other staff sexually assaulted him in Manchester, will face trial next week.