STEVEN J. McAULIFFE, District Judge.
In 2014, Gregory Maggi was convicted of numerous criminal charges, including seven counts of felonious sexual assault upon a child between the age of 13 and 15, as well as multiple counts of simple assault and distribution of a controlled substance (to his victims). He was, however, acquitted of some charges arising out of that very same conduct — a fact that prompted this litigation. Maggi was sentenced to serve no less than 17 and one-half years to 35 years in prison.
The defendant in this case is one of Maggi's victims. From her, Maggi seeks $5 million in damages, asserting that she conspired "with authorities" to deprive him of a fair trial, in violation of 42 U.S.C. § 1985(3); maliciously prosecuted him; and defamed him, in violation of a state criminal statute. Defendant moves to dismiss each of Maggi's claims, saying none states a viable cause of action. That motion is granted.
Count one of Maggi's amended complaint alleges that the defendant violated 42 U.S.C. § 1985(3) by "conspir[ing] with authorities to deprive Mr. Maggi of his Constitutional right to a fair trial by changing her story multiple times, withholding information from the defense, and by lying to investigators." Amended Complaint (document no. 4) at para. 22. That count fails to plausibly set forth the essential elements of a viable claim under 42 U.S.C. § 1985(3). Most notably, it lacks a plausible allegation that there was "some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators' action."
In Count Two of his complaint Maggi advances a claim for "malicious prosecution."
There are four elements to a viable common law claim for malicious prosecution:
First, Maggi has pointed to no New Hampshire case law holding that, for malicious prosecution purposes, a victim "initiates a criminal proceeding" by making a report to police. Second, under the circumstances of this case, Maggi's indictment by a grand jury likely precludes him from establishing that charges were filed against him without probable cause.
But, in any event, it is plain that the criminal case against Maggi did not "terminate in his favor." At trial, it was proved, beyond a reasonable doubt, that he repeatedly sexually assaulted the defendant, that he committed simple assault against her, and that he unlawfully provided her with controlled substances. As a consequence, he will remain incarcerated for anywhere between 17 and one-half to 35 years. Additionally, Maggi was ordered to pay the defendant restitution in an amount not to exceed $10,000. It would strain the notions of common sense and reasonableness to conclude that the underlying criminal trial terminated in Maggi's favor. First, in the context of a malicious prosecution case, the New Hampshire Supreme Court consistently refers to the favorable termination of a "proceeding" or "action," not a "claim" or "count." Consequently, one must look to the overall outcome of the "proceeding," rather than individually assess the import of a jury's verdict on each particular claim, count, or charge. Here, the criminal charges against Maggi all arose out of the same course of conduct — his repeated sexual assaults upon the defendant. His numerous convictions for that conduct establish that, as a matter of law, he was not wrongfully accused or prosecuted.
And, of course, there are compelling public policy reasons to conclude that, given the particular facts of this case, the New Hampshire Supreme Court would not view Maggi's acquittal on a few of the charges against him as representing a "successful" termination of the criminal proceedings against him.
Given his numerous convictions, all related to the same series of criminal acts, as well as his lengthy incarcerative sentence, and the trial court's substantial restitution order, Maggi seeks to dissect the jury's verdict, isolate those few charges on which he was acquitted, and present his claims unburdened by the actual context of his prosecution. He fails to point to any precedent that would countenance such a manipulation of the common law. Parenthetically, the court notes that federal courts have specifically rejected similar malicious prosecution claims under the Fourth Amendment when, as here, the criminal charges on which the plaintiff (criminal defendant) was acquitted arose out of the same facts and circumstances as those charges on which that individual was convicted.
As the New Hampshire Supreme Court has observed, "The law does not, and should not, allow recovery in tort by all persons accused of crimes and not convicted."
The fact that Maggi was acquitted of only a few of the many related charges against him does not mean that the criminal "proceeding" against him terminated in his favor. To the contrary, his numerous convictions all arising out of the same course of conduct preclude him from establishing that essential element of his claim. Count two of the amended complaint fails to state a viable cause of action.
Finally, in count three of his amended complaint, Maggi asserts that the defendant engaged in "criminal defamation," in violation of RSA 644:11, by "knowingly communicating false statements about Mr. Maggi to the police during their investigation which resulted in Mr. Maggi's criminal trial." Amended Complaint at para. 28.
Count three of Maggi's complaint fails to state a viable cause of action.
Invoking New Hampshire's common law, defendant moves the court for an award of reasonable attorney's fees.
Here, in support of her motion for an award of reasonable attorney's fees, the defendant points out that none of Maggi's claims has even remote support in the law; even generously construing Maggi's claims in the light most favorable to him, each is frivolous on its face. Additionally, given Maggi's ad hominem attacks on the defendant's character in his pleadings, there is a strong suggestion that he initiated this litigation, at least in part, to harass, intimidate, and/or humiliate her. Indeed, by bringing this baseless action against the defendant, he has publically identified her as a victim of his sexual assaults and thereby undermined the substantial efforts undertaken at the state trial-court level to protect her anonymity (additionally, Maggi has circumvented the trial court's specific order that he have no contact, whether direct or indirect, with the defendant).
In light of the foregoing, the defendant is granted leave, if she so chooses, to file a well-supported memorandum in support of her request for an award of reasonable attorney's fees. The court notes, however, that this case does present a few factors that might counsel against pursuit of an award (or at least a full award) of attorney's fees, including that Maggi is incarcerated with no apparent means to pay an award (and, of course, he has already been ordered to pay the defendant substantial restitution). And, there is some suggestion that Maggi suffers from "disabilities" that might prevent him from fully comprehending the nature of this proceeding and/or the claims he advances.
On balance, then, even if the court were to grant defendant's request for an award of attorney's fees, that award might be substantially smaller than the amount she has actually expended.
For the foregoing reasons, as well as those set forth in defendant's memoranda (documents no. 8-1 and 17), defendant's motion to dismiss (document no. 8) is granted. Maggi's claims are dismissed, with prejudice, for failure to state a claim.
To the extent Maggi's objection (document no. 16) might properly be viewed as a motion to amend his complaint, it is denied. Maggi apparently wishes to add an additional count to his complaint, in which he advances a claim for "malicious use of process" against the defendant. For the reasons discussed above, such an amendment to his complaint would be futile, as the undisputed facts of this case do not give rise to a viable claim for malicious use of process.
The Clerk of Court shall enter judgment in favor of the defendant on all counts and close the case. Should defendant file a well-supported motion (with supporting documentation) for an award of attorney's fees, the case shall be reopened, and Maggi shall have 30 days within which to respond.