Reenstierna v. Currier, No. 16-1486 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the grant of summary judgment in favor of Kenneth Currier in this action brought by Mark Reenstierna alleging defamation and other torts. Reenstierna, a real estate appraiser, was brought before the New Hampshire Real Estate Appraisal Board for a disciplinary hearing. During the hearing, the Board considered as evidence a report on Reenstierna’s work written by Currier at the Board’s request. Reenstierna later filed suit against Currier alleging that Currier knowingly and purposely submitted a false report to the Board and that the purported deficiencies cited against Reenstierna in Currier’s report constituted material misrepresentations of fact. The district court concluded that New Hampshire’s absolute witness immunity doctrine precluded the use of Currier’s report to establish liability on Reenstierna’s claims. The First Circuit affirmed, holding that Currier’s statements in his reported were shielded in this action by New Hampshire’s absolute witness immunity doctrine as set forth in Provencher v. Buzzell-Plourde Associates, 711 A.2d 251, 255 (N.H. 1998).