State v. Brosseau

Douglas and Batchelder, JJ.,

concurring specially: While we agree with the result and reasoning of the opinion by our brothers King and Brock, we wish to give fair notice to our coordinate branches of government that the doctrine of sovereign immunity is unconstitutionally broad in its present statutory form.

In Sousa v. State, 115 N.H. 340, 341 A.2d 282 (1975), we addressed a challenge to the doctrine of sovereign immunity. In that case, we deferred to the legislature, stating: “We are of the opinion that at this time, it would be inappropriate for the court to abrogate by judicial action the…