1:24-cv-00347•Manchon v. Charlestown, NH Police Department et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Marc Manchon v. Case No. 24-cv-347-LM-AJ David Tucker, et al. REPORT AND RECOMMENDATION Self-represented plaintiff Marc Manchon brought this civil rights action against the Charlestown, New Hampshire Police Department (“CPD”), CPD Chief Patrick Connors, CPD dispatcher Sirena Relihan, and Bail Commissioner David Tucker, claiming violations of his First and Fourth Amendment rights in connection with his arrest and the subsequent imposition of certain bail conditions. Bail Commissioner Tucker is no longer a defendant.1 Presently before the court for a recommended decision is CPD, Connors and Relihan’s motion for judgment on the pleadings (Doc. No. 29), in which they seek dismissal of the bail-related claim against them. See Fed. R. Civ. P. 12(c); 28 U.S.C. § 636(b)(1)(B); LR 72.1. As explained more fully below, the defendants’ motion should be granted. Legal Standard Rule 12(c) allows a party to move for judgment on the pleadings at any time “[a]fter the pleadings are closed—but 1 The court dismissed the claim against Bail Commissioner Tucker on October 3, 2025 (Doc. No. 36). Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 1 of 10
2 early enough not to delay trial.” Fed. R. Civ. P. 12(c). On a Rule 12(c) motion, unlike a Rule 12(b) motion, the Court considers the pleadings, including the answer. See Aponte-Torres v. Univ. of P.R., 445 F.3d 50, 54 (1st Cir. 2006). In addition, “[t]he court may supplement the facts contained in the pleadings by considering documents fairly incorporated therein and facts susceptible to judicial notice.” R.G. Fin. Corp. v. Vergara- Nunez, 446 F.3d 178, 182 (1st Cir. 2006) (citation omitted). Ultimately, a Rule 12(c) motion for judgment on the pleadings is “ordinarily accorded much the same treatment” as a Rule 12(b)(6) motion. Aponte-Torres, 445 F.3d at 54 (citing cases). Accordingly, “[j]udgment on the pleadings is proper ‘only if the uncontested and properly considered facts conclusively establish the movant's entitlement to a favorable judgment.’” Zipperer v. Raytheon Co., Inc., 493 F.3d 50, 53 (1st Cir. 2007) (quoting Aponte-Torres, 445 F.3d at 54). The court must accept the factual allegations in the complaint as true, construe reasonable inferences in the plaintiff's favor, and “determine whether the factual allegations in the plaintiff's complaint set forth a plausible claim upon which relief may be granted.” Foley v. Wells Fargo Bank, N.A., 772 F.3d 63, 71, 75 (1st Cir. 2014) (citation and internal quotation marks omitted). A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 2 of 10
3 that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Factual Background Mr. Manchon is an independent journalist. He operates a YouTube channel called “PressNH Now.” Am. Compl. (Doc. No. 12) at 2. On October 27, 2021, he entered the lobby of the Charlestown Police Department to retrieve certain public records. Id. Mr. Manchon was livestreaming on his YouTube channel from the police station lobby while multiple viewers of his channel called the Police Department to “express concerns” about police conduct. Id. Mr. Manchon tried to discourage such calls. Id. He was subsequently arrested and charged with disorderly conduct and obstructing government administration. Id. at 3. Bail Commissioner Tucker imposed conditions which prohibited Mr. Manchon from “entering any public buildings in Charlestown, NH” unless he was “reporting a crime or injury.” Id.; Exh. A (Doc. No. 12-1). A week later, Mr. Manchon was arrested for violating his conditions of bail. Id. Those charges were dismissed at arraignment, and Mr. Manchon was found not guilty of the charges of disorderly conduct and obstructing government administration. Id. Mr. Manchon asserts two claims in his Amended Complaint under 42 USC § 1983. In Count I, which he asserts against all Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 3 of 10
4 remaining defendants, Mr. Manchon claims that the bail condition preventing him from entering town buildings violated his First Amendment rights. In Count II, he claims that Chief Connor and Dispatcher Relihan violated his Fourth Amendment rights by causing his arrest without probable cause. Id. at 1, 3. He seeks declaratory and injunctive relief, compensatory and punitive damages, and an award of attorney’s fees and costs. Id. at 4. The instant motion seeks dismissal of only the bail-related claim asserted in Count I. The defendants assert two bases for dismissal. First, they assert that the Rooker-Feldman doctrine deprives this court of subject matter jurisdiction. Alternatively, they argue that Mr. Manchon has failed to state a claim upon which relief can be granted. Discussion2 A. Rooker-Feldman Doctrine3 “The Rooker-Feldman doctrine preserves the Supreme Court's exclusive jurisdiction over appeals from final state-court 2 Since the Rooker-Feldman doctrine implicates the court’s subject matter jurisdiction, motions seeking dismissal on this basis ordinarily invoke Fed. R. Civ. P. 12(b)(1). See, e.g., Lewis v. Hynes Grp., Civ. No. 21-cv-597-LM, 2022 WL 579237, at *1 (D.N.H. Feb. 16, 2022). The defendants’ reliance on Rule 12(c) is inconsequential, however, because the court may consider its jurisdiction sua sponte. Id. (citing Klimowicz v. Deutsche Bank Nat'l Tr. Co., 264 F. Supp. 3d 309, 315 n.4 (D. Mass. 2017)), aff’d 907 F.3d 61 (1st Cir. 2018). 3 See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983). Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 4 of 10
5 judgments by divesting lower federal courts of jurisdiction to hear certain cases brought by parties who have lost in state court[.]” Klimowicz, 907 F.3d at 64 (internal quotations and citations omitted). The doctrine applies “where ‘the losing party in state court filed suit in federal court after the state proceedings ended, complaining of an injury caused by the state- court judgment and seeking review and rejection of that judgment.’” Federación de Maestros de P.R. v. Junta de Relaciones del Trabajo de P.R., 410 F.3d 17, 23-24 (1st Cir. 2005) (quoting Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 291 (2005)). Thus, “if federal litigation is initiated after state proceedings have ended, and the plaintiff implicitly or explicitly seek[s] review and rejection of [the state] judgment, then a federal suit seeking an opposite result is an impermissible attempt to appeal the state judgment to the lower federal courts, and, under Rooker-Feldman, the federal courts lack jurisdiction.” Id. at 24 (emphasis and alterations in original) (internal quotations and citation omitted). “[A] federal court's application of the Rooker-Feldman doctrine is not contingent upon an identity between the issues actually litigated in the prior state-court proceedings and the issues proffered in the subsequent federal suit.” Klimowicz, 907 F.3d at 66. Therefore, “a plaintiff cannot escape the Rooker-Feldman bar through the simple expedient of introducing a new legal Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 5 of 10
6 theory in the federal forum that was not broached in the state courts.” Id. On the other hand, “the Rooker-Feldman doctrine does not bar a ‘general attack on the constitutionality’ of a state law that ‘do[es] not require review of a judicial decision in a particular case.’” Tyler v. Sup. Jud. Ct. of Mass., 914 F.3d 47, 51 (1st Cir. 2019) (alteration in original) (quoting Feldman, 460 U.S. at 487). As long as the “federal plaintiff presents an independent claim” that is not “directed towards undoing the prior state judgment[,]” the doctrine presents no impediment to the court's subject matter jurisdiction. Id. (quotations and citations omitted). Here, it cannot reasonably be disputed that Mr. Manchon’s suit is barred by Rooker-Feldman. It was commenced well after the conclusion of his state criminal proceedings. Moreover, it unquestionably seeks “review and rejection of” Bail Commissioner Tucker’s decision, as Mr. Manchon seeks, among other things, a declaration that the bail condition was improper. Federación de Maestros de P.R., 410 F.3d at 23-24 (quoting Exxon Mobil Corp., 544 U.S. at 291)). Put another way, Mr. Manchon would have no reason to file this lawsuit if Bail Commissioner Tucker had not imposed the condition at issue here. His injuries were, therefore, “caused by state-court judgments rendered before the district court proceedings commenced” and he is “inviting district court review Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 6 of 10
7 and rejection of [that] judgment[].” Exxon Mobil Corp., 544 U.S. at 284. Nor does he present any “independent” claim that is not “directed towards undoing the judgments of the New Hampshire courts.” Tyler v. Sup. Jud. Ct. of Mass., 914 F.3d 47, 51 (1st Cir. 2019) (alteration in original) (quoting D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 487 (1983)) (quotations and citations omitted). Although Mr. Manchon asserts in his objection that he is bringing an independent claim, Pltf. Obj. (Doc. No. 30) at 2, resolution of his claims indisputably requires this court to pass judgment on Bail Commissioner Tucker’s ruling. This is beyond the court’s jurisdiction.4 See, e.g., Cipollini v. Hilburt, No. 3:22-CV-558, 2022 WL 2313153, at *3 (M.D. Pa. Apr. 19, 2022), report and recommendation adopted, 2022 WL 2307466 (M.D. Pa. June 27, 2022) (dismissing, on Rooker-Feldman grounds, case in which “the plaintiff appears to necessarily urge us to, in effect, sit as a state appellate court and review, re- examine, and reject state court bail determinations . . . .”). Accordingly, the Rooker-Feldman doctrine requires dismissal of Count I. 4 As the defendants correctly observe, state law provided Mr. Manchon with the appropriate forum to seeks review of his bail conditions – first to a Superior Court, and then to the State Supreme Court and the United States Supreme Court. Def. Mem. (Doc. No. 29-1) at 4 (citing N.H. Rev. Stat. Ann. § 597:6- e). Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 7 of 10
8 B. Failure to State a Claim Even if not barred by the Rooker-Feldman doctrine, Mr. Manchon’s Amended Complaint nevertheless fails to state a claim against the moving defendants. The Amended Complaint (Doc. No. 12) states that Mr. Manchon “was subjected to” unconstitutional bail conditions, id. at 3, and later referred to “Bail Commissioner Tucker’s restriction” being “imposed as a form of retaliation against [him] for exercising his First Amendment rights.” Id. But Mr. Manchon fails to set forth any factual allegations tying any of the moving defendants to Bail Commissioner Tucker’s ultimate decision. The absence of such facts is consistent with New Hampshire law, under which bail conditions are set by bail commissioners and/or courts, not police. See N.H. Rev. Stat. Ann. §§ 597:5, 15, 15-a; see also Lamarche v. McCarthy, 965 A.2d 992, 998 (N.H. 2008) (observing that arrestees can wait for a regular court session to have bail set, rather than appear before a bail commissioner); Follansbee v. Plymouth Dist. Ct., 856 A.2d 740, 742 (N.H. 2004) (noting that a person arrested for a bailable offense may, at any time prior to his arraignment, apply to have bail determined by a bail commissioner, who is empowered to “fix the amount of and receive bail in the same manner as the court might do, . . . .” (quoting N.H. Rev. Stat. Ann. § 597:18)); State v. Nott, 821 A.2d 976, 978 (N.H. 2003) (“ Bail Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 8 of 10
9 commissioners are subordinate officers of the court, appointed by the superior and district courts with commissions of five years.”) Mr. Manchon’s only reference to the moving defendants in connection with bail is in his objection to the instant motion (Doc. No. 30), where he argues that “[w]hether the police merely conveyed the request or explicitly urged the commissioner to adopt [the condition] is a factual issue not appropriate for resolution on the pleadings.” Id. at 2. The Amended Complaint, however, does not allege any involvement by the defendants in Bail Commissioner Tucker’s decision. There are no facts alleged to support Mr. Manchon’s conclusory implication that the defendants “convey[ed] a request to” or “urg[ed]” Commissioner Tucker to impose the allegedly unconstitutional condition. Without any facts that could allow the court to make the inference that the defendants engaged in any unconstitutional conduct, the claim fails and must be dismissed. Accordingly, the defendants’ motion for judgment on the pleadings should also be granted because the Amended Complaint fails to state a claim for relief. See Iqbal, 556 U.S. at 678 (“Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice [to state a claim]).” Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 9 of 10
10 Conclusion Based on the foregoing, the district judge should grant the defendants’ motion for judgment on the pleadings (Doc. No. 29). Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Failure to file any objection within the specified time waives the right to appeal the district court's Order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Only those issues raised in the objection(s) to this Report and Recommendation “are subject to review in the district court.” Id. (cleaned up). Additionally, any issues “not preserved by such objection are precluded on appeal.” Id. _________________________________ Andrea K. Johnstone United States Magistrate Judge November 10, 2025 cc: Marc Jon Manchon, pro se Counsel of Record Case 1:24-cv-00347-LM-AJ Document 37 Filed 11/10/25 Page 10 of 10
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