New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
March 26, 2024

Contact:
Michael S. Garrity, Director of Communications
michael.s.garrity@doj.nh.gov | (603) 931-9375

Consent Decree Entered in Formella v. Van Tassell

Concord, NH – Attorney General John M. Formella announces that the Hillsborough County Superior Court has entered a consent decree resolving allegations that David Van Tassell violated the New Hampshire Civil Rights Act, RSA Chapter 354-B.

As a result of the consent decree, the court found that on July 29, 2023, Mr. Van Tassell violated the Civil Rights Act by threatening unlawful physical force against another motivated by the victim’s race and/or national origin. He did so when he left an anonymous note on the victim’s truck that stated, “You are worse than a Purto (sic) Rican, you should be shot.” The victim’s truck displayed several symbols of his pride in his Mexican heritage, including a Mexican flag hanging from his rearview mirror. The court found that Mr. Van Tassell’s actions were motivated by hostility towards people because of their race and/or national origin. The court also found that Mr. Van Tassell, through his actions, attempted to interfere or did interfere with the victim’s lawful activities, including his ability to travel and live peacefully in his community.

The Attorney General’s Office and Mr. Van Tassell negotiated and agreed to the consent decree. As part of the consent decree’s terms, the court ordered that Mr. Van Tassell: (1) pay a civil penalty of $2,000 with all but $150 suspended for a period of eighteen months conditioned upon his compliance with the terms of the consent decree; (2) participate in behavior or mental health counseling and comply with all recommendations; and (3) enroll and participate in either an implicit bias or racial sensitivity training. The court ordered that Mr. Van Tassell is restrained, for a period of eighteen months, from: (1) committing further Civil Rights Act violations; (2) coming within 350 feet of the victim, his home, his place of work, and the Walmart at 725 Gold Street, Manchester, NH; and (3) contacting the victim and any members of the victim’s immediate family. If Mr. Van Tassell knowingly violates any of those conditions, he can face imposition of the suspended civil penalty and/or criminal charges.

The case was prosecuted by Senior Assistant Attorney General Sean Locke, Director of the New Hampshire Department of Justice Civil Rights Unit. The Civil Rights Unit enforces state civil rights laws, including the Civil Rights Act and the New Hampshire Law Against Discrimination. Anyone who believes their civil rights have been violated may file a complaint at https://www.doj.nh.gov/civil-rights/index.htm or by calling 603-271-3650.

For the full consent decree, please click here. Portable Document Format Symbol

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New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658