Joseph S. Haas v. David L. Kent

Plaintiff appeals from the dismissal of his § 1983 action which, invoking double jeopardy principles, sought to prevent the state from trying plaintiff on various criminal misdemeanor charges. We review the background. Defendant was found guilty of various misdemeanors in a New Hampshire district court proceeding, and the district court transferred the case to the superior court. The district court proceeding was conducted pursuant to New Hampshire District Court Rule 2.14 which provides in part as follows:

“In all prosecutions for misdemeanors and violations, the Court, in its discretion, may…