Morais v. Yee

Allen, CJ.

Plaintiffs Henri and Claudette Moráis appeal the summary judgment granted to defendants in an action alleging *368negligence and violation of constitutional rights of their son, Denis Moráis. Plaintiffs contend that issues of material fact regarding the constitutional claims and defendants’ entitlement to immunity from suit should have precluded the entry of summary judgment. We affirm in part and reverse in part.

On the evening of September 9,1989, defendant Richard LaPointe, Chief of Police in the Town of Pittsburg, New Hampshire, received a report of an accident involving a single…