Starr v. Governor

The plaintiff, Darren Starr, appeals from an order of the Superior Court {Manias, J.) granting the State’s motion to dismiss. The superior court dismissed the plaintiffs challenge to a 5% surcharge assessed on purchases made in State prison commissaries. We reverse and remand.

The plaintiff is incarcerated in the New Hampshire State Prison system. The prison operates a commissary where the inmates are able to purchase food, paper goods, clothing, electronics and various other items. A 1% surcharge is assessed on all goods sold for the maintenance and operation of the commissary. Effective July…