Robert Towle v. Commissioner, New Hampshire Department of Corrections

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0125, Robert Towle v. Commissioner, New
Hampshire Department of Corrections, the court on January 10,
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, Robert Towle, appeals an order of the Superior Court
(Kissinger, J.) granting summary judgment in favor of the defendant, the
Commissioner of the New Hampshire Department of Corrections (“NHDOC”), on
the plaintiff’s claims for declaratory and injunctive relief. The plaintiff argues
that the trial court erred by granting summary judgment because it failed to
address his claims relative to his assertion that NHDOC had improperly classified
him as a “sexually violent predator.” See RSA 135-E:2, XII (2021) (defining
“sexually violent predator”). However, the record reflects, and NHDOC
unequivocally acknowledges, that the plaintiff has not been adjudicated or
classified as a “sexually violent predator.” Accordingly, based upon our review,
we agree with NHDOC that the plaintiff has failed to demonstrate reversible error,
and therefore affirm the trial court’s decision. See Gallo v. Traina, 166 N.H. 737,
740 (2014) (holding that the appealing party bears the burden of demonstrating
reversible error); Sup. Ct. R. 25(8).

Affirmed.

MacDonald, C.J., and Bassett, Hantz Marconi, and Donovan, JJ.,
concurred.

Timothy A. Gudas,
Clerk