Michael Cohen v. Elizabeth Bielecki & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0712, Michael Cohen v. Elizabeth Bielecki
& a., the court on January 25, 2024, issued the following order:

The court has reviewed the written arguments and the record submitted
on appeal, and has determined to resolve the case by way of this order. See
Sup. Ct. R. 20(2). The plaintiff, Michael Cohen, appeals orders of the Superior
Court (Ignatius, J.) dismissing his complaint seeking damages, injunctive relief,
and declaratory relief against the defendants, the New Hampshire Department
of Safety and several individuals associated with it, for alleged violations of his
rights to due process under the State and Federal Constitutions, and denying
his motion for reconsideration. The plaintiff argues that, in dismissing his
complaint, the trial court erred by (1) not finding that certain relevant language
on a traffic citation he received was ambiguous; (2) not applying certain federal
case law in addressing his federal due process arguments, and instead relying
upon a federal decision that he asserts is distinguishable; (3) not engaging in a
separate State constitutional analysis, but instead applying the same federal
case law to his State constitutional claims; (4) making findings of fact that he
claims the trial court was not entitled to make on a motion to dismiss; and (5)
finding that he had not established a constitutional tort that was recoverable
under RSA chapter 541-B. We affirm.

As the appealing party, the plaintiff has the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s well-reasoned orders, the plaintiff’s challenges to the
trial court’s orders and the defendants’ responsive arguments, the relevant law,
and the record submitted on appeal, we conclude that the plaintiff has not
demonstrated reversible error. See id.

Affirmed.

Hantz Marconi, Donovan, and Countway, JJ., concurred.

Timothy A. Gudas,
Clerk