New Hampshire Requests Pause on YDC Abuse Trials as Supreme Court Reviews Landmark Verdict

CONCORD, N.H. – The state of New Hampshire is seeking to pause upcoming civil trials related to abuse at the Sununu Youth Development Center (YDC) while the state Supreme Court considers a disputed $38 million verdict awarded to survivor David Meehan.

Attorney General John Formella’s office argues that proceeding with more cases before the Supreme Court’s decision could lead to wasted resources and prolonged legal battles. “Trying cases without any direction from the New Hampshire Supreme Court all but guarantees wasted resources preparing for trial, extensive post-trial motions, another appeal, and possibly a retrial,” Solicitor General Anthony Galdieri wrote in a motion.

Survivors’ attorneys strongly oppose the delay. W. Daniel Deane, a lawyer with Nixon Peabody, accused the state of attempting to exhaust plaintiffs through a slow legal process. “The State’s purpose is clear — delay and burden,” Deane wrote. “The State seeks to break Plaintiffs’ ability and resolve to pursue relief through a torpid and costly war of attrition.”

Delayed Justice for Victims

Since the first lawsuits were filed, 45 survivors have died before seeing their cases reach trial, according to Deane. Witnesses crucial to the cases have also passed away, potentially weakening survivors’ ability to prove their claims.

The next scheduled YDC trial is set for May, involving Natasha Mansuell, who alleges that staffer Victor Malavet raped her in 2001 when she was 15. Malavet, one of 11 men indicted for YDC abuse, was previously tried in a criminal case that ended in a hung jury. He faces a retrial later this year.

Legal Battle Over Meehan Verdict

Meehan’s case was the first to reach a jury, which found the state fully liable and awarded him $38 million in damages. However, New Hampshire law caps damages for state liability at $475,000 per incident. The state is seeking to reduce Meehan’s award to that amount.

Meehan’s attorneys argue that the cap is unconstitutional, given the jury’s findings of “wanton, malicious, or oppressive” state conduct. The Supreme Court will consider whether the cap applies in cases of egregious abuse and whether the lower court had the authority to revise the verdict.

Judge Andrew Schulman, who initially reduced Meehan’s award, expressed concern about the fairness of the cap. Meehan’s attorneys contend that the jury mistakenly recorded only one incident of abuse, despite evidence of repeated assaults over years. The Supreme Court’s decision could influence future YDC abuse cases.

Survivors Seek Settlements

While litigation continues, some survivors are opting for settlements. Michael Gilpatrick, who alleged that he was gang-raped at YDC in the 1990s, accepted a $10 million settlement from the state. His case would have been the second to go to trial. Gilpatrick, now 41, testified in criminal cases against former YDC staff, describing systematic abuse by a group of employees he called a “hit squad.”

Two former YDC staff members have been convicted so far, while others face pending trials. The state has arrested 11 former employees since launching an investigation in 2019, though one case was dismissed, one suspect was found incompetent, and another died before trial.

Facility’s Future

YDC, named for former Gov. John H. Sununu, previously housed over 100 children but now holds fewer than a dozen. Lawmakers have approved plans to close the facility and replace it with a smaller center in a different location, citing its troubled history.

As the Supreme Court deliberates, the outcome of Meehan’s case will likely shape the course of justice for hundreds of survivors still awaiting their day in court.