Staples et al v. Governor, NH, State of et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Frank Staples and
Kathleen Bussiere
v.
Governor, NH, State of et al.
Case No. 24-cv-331-LM-TSM
ORDER
After due consideration of the objection filed, I herewith approve the Report
and Recommendation (doc. no. 85) of Magistrate Judge Talesha L. Saint-Marc dated
February 12, 2026 in every respect except one. I dismiss plaintiffs’ individual
capacity claims against Governor Sununu and Attorney General Formella
stemming from the October 13, 2021 incident arising under the First, Fourth, and
Fourteenth Amendments on qualified immunity grounds instead of for failure to
state a claim upon which relief may be granted. See, e.g., Mitchell v. Miller, 790
F.3d 73, 77-78 (1st Cir. 2015). Even assuming plaintiffs have plausibly alleged
constitutional violations against Governor Sununu and Attorney General Formella,
plaintiffs failed to demonstrate those violations were of clearly established rights.
Id. at 77 (“The plaintiff bears the burden of demonstrating that the law was clearly
established . . . .”); see also doc. no. 85 at 2 & n.3 (noting that plaintiffs failed to file
an objection to the motion to dismiss). And contrary to plaintiffs’ arguments in their
objection to the R&R (doc. no. 88 at 8), qualified immunity may be decided at the
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motion to dismiss stage when “the facts that a plaintiff has alleged” do not make out
a violation of a constitutional right that was clearly established at the time of the
alleged misconduct. Haley v. City of Boston, 657 F.3d 39, 47 (1st Cir. 2011) (quoting
Pearson v. Callahan, 555 U.S. 223, 232 (1984)).
The defendants’ motion to dismiss (doc. no. 60) is granted. Plaintiff Staples’s
motion for preliminary injunction (doc. no. 66) is denied. The clerk shall enter
judgment and close the case.
____________________________
Landya B. McCafferty
United States District Judge
Date: March 30, 2026
cc: Frank Staples, pro se
Kathleen Bussiere, pro se
Counsel of Record
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