Frost v. Delaney
Annotate this CaseThis appeal and cross-appeal arose out of a civil action by plaintiffs, Jeffrey Frost, Frost Family, LLC (Frost Family), and Chretien/Tillinghast, LLC (Chretien), against Michael Delaney, individually and as former attorney general, and multiple other former and current State officials, for their actions in the investigation and prosecution of Frost for alleged violations of RSA chapter 397-A. Plaintiffs appealed only orders of the Superior Court granting defendants’ motion for summary judgment on the plaintiffs’ 42 U.S.C. 1983 claim against Kathleen Sheehan (bank examiner for the New Hampshire Banking Department) on the ground that she was entitled to qualified immunity, and dismissing their negligent supervision claims against Peter Hildreth (former commissioner of the Department) and Maryam Desfosses (Department hearings examiner) on the ground that they were entitled to absolute prosecutorial immunity. Defendants the State of New Hampshire, the Department, and Sheehan cross-appealed. Chretien and Frost Family were New Hampshire limited liability companies organized for the purpose of real estate acquisition, holding, and development. Frost was a member and designated manager of Chretien and a member of Frost Family. Chretien sold one of its properties to Robert Recio and his housemate in a seller-financed real estate transaction. In late December 2009, Recio filed a complaint against Chretien with the Consumer Protection Bureau of the Attorney General’s Office alleging, among other things, that plaintiffs had fraudulently induced him to enter into the sale. The complaint was forwarded to the Department, which assigned investigation of the complaint to Sheehan. Sheehan, Gorham, and Manchester Police Department officials drafted an application for a warrant to search Frost’s residence, which also served as the business address for Chretien, for evidence that the plaintiffs had participated in unlicensed mortgage lending in violation of RSA chapter 397-A. The supporting affidavit averred that Frost, as a member of Chretien, “had acted as a Mortgage Banker” with regard to the conduct complained of in Recio’s complaint. Frost was arrested and charged with four class A misdemeanors alleging violations of RSA chapter 397-A. The district court later granted Frost’s motion to suppress the evidence obtained as a result of the search. The court found that Sheehan misrepresented that Chretien was listed as the “Mortgage Banker” in the Recio transaction and that her misrepresentation was material. The court, therefore, determined that the warrant application lacked probable cause. Thereafter, the court granted Frost’s motion to dismiss the criminal charges. Upon review of the Superior Court record, the Supreme Court found no reversible error as to the grant of summary judgment, and affirmed.
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