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Lovejoy v. Linehan

161 N.H. 483 (2011)

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Lovejoy v. Linehan

New Hampshire Supreme Court
161 N.H. 483 (2011)

MJ

Facts

David Lovejoy (plaintiff) challenged the elected county sheriff, James Linehan (defendant). Mark Peirce (defendant) was Linehan’s second-in-command. The sheriff’s office had significant law-enforcement powers under New Hampshire law. Prior to election day, a local newspaper published an article saying that Lovejoy had been convicted of simple assault. But Lovejoy had had the case annulled. Lovejoy sued Linehan and Peirce, alleging that the two men had provided the newspaper with the criminal record for the story. Lovejoy claimed that Linehan and Peirce’s action constituted an invasion of privacy by public disclosure of private facts. Linehan and Peirce moved to dismiss for failure to state a claim, which the trial court granted. Lovejoy appealed.

Rule of Law

Issue

Holding and Reasoning (Hicks, J.)

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