Gilles has been with the ACLU of New Hampshire since 2013. While at the ACLU-NH, Gilles has testified before the New Hampshire legislature on over one hundred bills impacting civil liberties. He has also achieved significant litigation victories, including in the following cases:
- Saucedo v. State of New Hampshire, 335 F. Supp. 3d 202 (D.N.H. 2018) (striking down, on procedural due process grounds, a New Hampshire law that invalidated the absentee ballots of hundreds of voters, many of whom are disabled, based on signature comparisons without notice or an opportunity to cure).
- Guare v. State of New Hampshire, 167 N.H. 658 (2015) (striking down voter registration form language that would impose a chilling effect on the right to vote of those domiciled in New Hampshire).
- Rideout v. State of New Hampshire, 123 F. Supp. 3d 218 (D.N.H. 2015), aff'd, 838 F.3d 65 (1st Cir. 2016), cert denied, 137 S. Ct. 1435 (2017) (striking down New Hampshire law banning online "ballot selfies" on grounds that it violates the First Amendment).
- Valentin v. City of Manchester, No. 15-cv-00235-PB (D.N.H.) (secured $275,000 settlement in lawsuit addressing the First Amendment right to record the police where ACLU-NH client was arrested for audio recording a conversation with two Manchester police department officers while in a public place and while the officers were performing their official duties).
- State of New Hampshire v. Andersen, No. 218-2018-cr-00241 (N.H. Super. Ct., Rockingham Cty. Aug. 31, 2018) (vacating "gag order" that barred disclosure of police reports because the order was "sweeping" and "violate[d] the First Amendment to the United States Constitution and Part I, Article 22 of the New Hampshire Constitution").
- State of New Hampshire v. Bonacorsi, Nos. 218-2014-CR-01357, 218-2015-CR-868, 2016 N.H. Super. LEXIS 22 (N.H. Super. Ct., Rockingham Cty. May 18, 2016) (narrowing and striking down portions of online identifier statute on First Amendment grounds).
- State of New Hampshire v. Clay, No. 450-2015-cr-00414 (N.H. 4th Cir., Dist. Div., Laconia June 9, 2015) (securing dismissal of disorderly conduct charge on First Amendment grounds where client was arrested during a public meeting simply for engaging in political, non-disruptive speech on matters of public concern).
- Clay v. Town of Alton, No. 15-cv-00279-JL (D.N.H.) (secured $42,500 settlement in lawsuit where, in violation of the First Amendment, client was arrested during a public meeting simply for engaging in political, non-disruptive speech on matters of public concern).
- Frese v. Town of Exeter (secured $17,500 settlement from Town of Exeter after the Exeter Police Department arrested our client in May 2018, after he posted comments to an article on Facebook alleging that the local police chief “covered up for [a] dirty cop”).
- Albert v. City of Manchester (secured $17,500 settlement in a case where client was wrongly arrested for recording in public).
- Kearns v. Town of Littleton (secured $17,500 settlement and further police training in case where client was arrested simply for allegedly swearing at a parking enforcement official in violation of the First Amendment).
- City of Keene v. Cleaveland, 167 N.H. 731 (2015) (affirming, in part, dismissal of civil causes of action against speakers on the ground that "the First Amendment shields the respondents from tort liability for the challenged conduct"; as amicus).
- Automated Transactions, LLC v. American Bankers Association, No. 2018-0198 (Aug. 16, 2019) (affirming dismissal of defamation case alleging that use of the term "patent troll" was defamatory, and concluding that the usage of the term was protected opinion; as amicus).
- State of New Hampshire v. McCarthy, et al., No. 469-2017-cr-01888, et al., (N.H. 2nd Cir. Ct., Dist. Div., Plymouth May 1, 2018), reconsideration denied on Aug. 21, 2018 (holding that border patrol checkpoints conducted by Customs and Border Patrol, in conjunction with the local police, in Woodstock, NH 90 driving miles from the border violated Part I, Article 19 of the New Hampshire Constitution and the Fourth Amendment).
- Awawdeh v. Town of Exeter, et al., No. 18-cv-852-LM (D.N.H.) (settled lawsuit for $39,175 and policy change where the Exeter Police Department unlawfully arrested for ICE a man on the suspicion that he was in the United States unlawfully after the man assisted the Department with a criminal investigation by providing translation services).
- Velasco Perea v. Town of Northwood, et al., No. 18-cv-1066-LM (D.N.H.) (settled lawsuit for $12,500 and policy change where the Northwood Police Department unlawfully arrested for ICE a documented man on the suspicion that he was in the United States unlawfully).
- Hernandez-Lara v. U.S. Immigration and Customs Enforcement, No. 19-cv-394-LM, 2019 U.S. Dist. LEXIS 124144 (D.N.H. July 25, 2019) (holding that ICE violated client's due process rights when it conducted a bond hearing where she had the burden of showing that she was not a danger and not a flight risk; further ruling that due process requires that the burden of showing dangerousness and flight risk has to be on the government by clear and convincing evidence).
- Hussein v. U.S. Immigration and Customs Enforcement, No. 18-cv-921-JL (D.N.H. Nov. 6, 2018) (ruling that ICE’s decision to detain client in immigration custody for 9 months without a bond hearing was unconstitutional and violated procedural due process, and ordering that a bond hearing be conducted).
- Compere v. Nielsen, 358 F. Supp. 3d 170 (D.N.H. 2019) (ruling that the government’s plan to deport Mr. Compere to Haiti while his motion to reopen was pending violated his rights under federal law; further ruling that, because habeas corpus is the only means available to Mr. Compere to protect his right to continue litigating his motion to reopen, the Suspension Clause of the U.S. Constitution prevents the jurisdiction-stripping provisions in federal law from being used to deny the Court’s jurisdiction).
- Korat v. U.S. Dep't of Homeland Security, 19-cv-111 (D.N.H.) (secured citizenship for an Army Specialist from India who enlisted through a specialized military program that aims to recruit skilled immigrants in exchange for expediting the citizenship process, but had his naturalization delayed for approximately two years).
- Devitri v. Cronen, 290 F. Supp. 3d 86 (D. Mass. 2017) (holding that federal court jurisdiction exists in class action lawsuit to halt the immediate deportation of Indonesian nationals residing in New Hampshire and who faced immediate removal to Indonesia where they are in danger of persecution).
- Devitri v. Cronen, 289 F. Supp. 3d 287 (D. Mass. 2018) (issuing preliminary injunction preventing the immediate deportation of Indonesian nationals residing in New Hampshire and who faced immediate removal to Indonesia where they are in danger of persecution).
- Ahmed-Cali v. U.S. Attorney General, No. 19-cv-426-JL (D.N.H.) (secured release of Somalian immigrant who had been in continuous detention since 2016 – totaling two years and seven months -- after he fled Somalia and sought asylum in the U.S. due to threats against his family).
CRIMINALIZATION OF POVERTY
- Petrello v. City of Manchester, No. 16-cv-008-LM, 2017 U.S. Dist. LEXIS 144793 (D.N.H. Sep. 7, 2017) (striking down, on First Amendment grounds, Manchester's anti-panhandling ordinance, as well as permanently enjoining Manchester's anti-panhandling police practices; case settled for $89,000 in attorneys' fees and damages).
- Pendleton v. City of Nashua (secured $15,000 settlement in a case where homeless client was arrested and spent 33 days in jail simply for walking along a public foot path in the park adjacent to the Nashua Public Library in violation of his First Amendment and Fourteenth Amendment rights).
- Pendleton v. Town of Hudson, No. 14-cv-00365-PB (D.N.H.) (secured $37,500 settlement and permanent consent order in lawsuit where Town detained, harassed, threatened, dispersed, and cited peaceful panhandlers in violation of the First, Fourth, and Fourteenth Amendments).
CRIMINAL JUSTICE REFORM
- State of New Hampshire v. Brawley, 171 N.H. 333 (2018) (agreeing with amicus ACLU-NH that legislature's 2017 law aimed at curbing debtors' prisons practices applies to the State’s efforts to recoup public defender fees from indigent defendants).
- Doe v. State of New Hampshire, 167 N.H. 382 (2015) (New Hampshire's retroactive, lifetime registration requirements for certain offenders are “punitive in effect” and therefore unconstitutional as applied to client under New Hampshire Constitution's bar on retrospective laws).
- State of New Hampshire v. Mazzaglia, No. 2014-0592 (N.H. Sup. Ct. Sept. 29, 2016) (New Hampshire Supreme Court order agreeing with the position of the victim, victims’ rights advocates, and the ACLU-NH that documents concerning a victim’s prior consensual sexual activity should be sealed pending appeal; as amicus).
- State of New Hampshire v. Brouillette, 166 N.H. 487 (2014) (holding that indigent defendants who have secured private counsel — including on a pro bono basis — have the right to obtain state funds for experts and other ancillary defense services necessary for an adequate defense; as amicus).
- Petition of State of New Hampshire, 166 N.H. 659 (2014) (applying retroactively U.S. Supreme Court decision holding that mandatory life without parole sentences for juveniles violates the Eighth Amendment’s prohibition on cruel and unusual punishment; as amicus).
PUBLIC ACCESS/POLICE ACCOUNTABILITY
- New Hampshire Center for Public Interest Journalism, et al./ACLU-NH v. N.H. Department of Justice, No. 2018-cv-00537 (Hillsborough Cty. Super. Ct., S. Div., Apr. 23, 2019) (ordering public disclosure of a list of over 260 New Hampshire police officers who have engaged in misconduct that reflects negatively on their credibility or trustworthiness).
- Union Leader Corp. and ACLU-NH v. Town of Salem, No. 218-2018-cv-1406 (Rockingham Cty. Super Ct. Apr. 5, 2019) (agreeing that certain portions of an internal police department audit are public records).
- Officer A.B. v. Grafton County Attorney's Office, No. 18-cv-1437 (Grafton Cty. Super. Ct. Apr. 11, 2019) (holding that officer who engaged in misconduct could not be removed from the EES List).
- Y.F. v. State of New Hampshire, No. 15-cv-00510-PB (D.N.H.) (successful challenge to state prison mail policy banning inmates from receiving all original handwritten drawings and pictures in the mail; under settlement, State agreed to allow certain original handwritten drawings and pictures that are done in pen or pencil).
- Appeal of Farmington School District, 168 N.H. 726 (2016) (holding that the Farmington School Board improperly declined to renew a guidance counselor's employment contract after the counselor sought independent legal counsel and successfully obtained a temporary restraining order before the Strafford County Superior Court to protect her student’s right to privacy that was going to be imminently violated by the Farmington High School Principal; as amicus).
- In the Matter of Munson and Beal, 169 N.H. 274 (2016) (a case concerning the fair distribution of property in a divorce between two women who were in a 20+ year committed relationship, and joined in a civil union/married for four of those years, holding that premarital cohabitation can be considered when formulating an equitable distribution of the marital property; as amicus).
Prior to joining the ACLU, Gilles was a civil litigator in Boston at the law firms of Choate Hall & Stewart LLP, Todd & Weld LLP, and Cooley LLP.
Gilles clerked for Judge Thomas M. Golden of the United States District Court for the Eastern District of Pennsylvania. Gilles received his J.D. from UCLA School of Law where he was the Chief Comments Editor of the UCLA Law Review. He received his B.A. and M.A. in history from Washington University in St. Louis. He is admitted to practice law in the state and federal courts in New Hampshire, the federal courts in Massachusetts, the First Circuit Court of Appeals, and the United States Supreme Court.
Gilles has taught multiple Continuing Legal Education courses on the United States and New Hampshire Constitutions, and he is a trustee of the New Hampshire Supreme Court Society. His publications and appearances include:
- "The State Must Disclose List of Officers With Credibility Problems," Concord Monitor, Apr. 21, 2019
- "Taxpayer Standing Holds the Government Accountable," Concord Monitor, Oct. 25, 2018
- "The Public Deserves to Know Whether They Can Trust Police Officers Who Testify in Court," ACLU: Speak Freely, Oct. 11, 2018
- "Tech Companies Shouldn't Censor Offensive Speech," Union Leader, Aug. 9, 2018
- "New Hampshire Has a Confidential List of Officers with Credibility Problems," ACLU: Speak Freely, July 24, 2018 (with Allison Schwartz)
- "It's Time to End Border Patrol Checkpoints in N.H.," Concord Monitor, July 2, 2018 (with Milli Zonarich)
- "Weekly N.H. News Roundup: June 1, 2018, NHPR's The Exchange, June 1, 2018 (radio interview re HB1264 advisory opinion litigation)
- "State Judge Finds New Hampshire Border Patrol Checkpoint Unconstitutional," ACLU: Speek Freely, May 9, 2018
- "ACLU: N.H.'s Signature-Matching Ballot Law is Unconstitutional," NHPR, Mar. 22, 2018 (radio interview)
- "Students Have First Amendment Rights," Seacoast Online, Mar. 13, 2018 (with Dan Pontoh)
- "The Equal Rights Fallacy of Marsy's Law," Concord Monitor, Feb. 10, 2018 (with Mark Sisti)
- "Federal Immigration Officials Conspired with New Hampshire Police to Circumvent State Law," ACLU: Speak Freely, Jan. 26, 2018 (with Christine Hilliard)
- "Panhandling is Protected Free Speech," Seacoast Online, Dec. 31, 2017
- "Why the ACLU-NH's Lawsuit Over the Statewide Voter List Mattered," Concord Monitor, Aug. 16, 2017
- "Over-reliance on FOIA Exemptions as a Barrier to Police Accountability," Harvard Civil Rights-Civil Liberties Law Review (Aug. 2017) (with Michael Haley)
- "CloseUp: Federal Request for NH Voter Information Put on Hold," WMUR's Sunday CloseUp, July 16, 2017 (television interview)
- "How the Supreme Court Got the Duncan Case Wrong and Eliminated Taxpayer Suits," New Hampshire Trial Bar News (Spring and Fall 2017)
- "N.H. ACLU: Bill Would 'Effectively Criminalize' Legitimate New Hampshire Voters," NHPR, Apr. 4, 2017 (radio interview)
- "SB3 Would Criminalize Legitimate Voters," Concord Monitor, Mar. 28, 2017
- "Don't Put the Secretary of State in Charge of Voter Fraud," Union Leader, Mar. 1, 2017 (with Amy Vorenberg)
- "Balancing Free Speech and the Right to Vote in New Hampshire," New Hampshire Town and City, January/February 2017
- "Federal Court Says Ballot Selfie Ban is Like Burning Down the House to Roast a Pig,"ACLU: Speak Freely, Sept. 29, 2016
- "Racial Disparities in Policing are Real and Rising. New Hampshire Needs Criminal Justice Reform at All Levels." ACLU: Speak Freely, Aug. 30, 2016
- "Bans on Ballot Selfies Violate the First Amendment—and Common Sense," The Daily Dot, May 11, 2016
- "Fight Opioid Crisis, But Don't Give Up Civil Liberties," Concord Monitor, Apr. 28, 2016 (with Robert Peccola)
- "Jailed Homeless Man's Death in N.H. Renews Debate Over Excessive Bail for Poor," NHPR, Apr. 7, 2016 (radio interview)
- "It's Time for NH to Protect Innocent Property Owners," Union Leader, Mar. 1, 2016 (with Robert Peccola)
- "Let’s Protect Transgender Residents From Discrimination," Concord Monitor, Dec. 20, 2015 (with Stephanie Ramirez)
- "Report: N.H. Judges Illegally Jail Poor People Who Can't Pay Fines," NHPR, Sept. 23, 2015 (radio interview)
- "N.H. Body Camera Case: Public's Right to Know vs. Family's Right to Privacy," NHPR, Sept. 1, 2015 (radio interview)
- "Lawsuit Makes 'Ballot Selfies' Legal Again in New Hampshire," Public Radio's The Takeaway, Aug. 13, 2015 (radio interview)
- "Judge Says New Hampshire’s Ban on 'Ballot Selfies' Violates the First Amendment and "Common Sense,"" ACLU: Speak Freely, Aug. 12, 2015
- "Religious Freedom Does Not Provide a License to Harm Others," Concord Monitor, Aug. 8, 2015 (with Father Jason Wells)
- "Have Candidate Lawn Signs? Know Your First Amendment Rights," Union Leader, July 24, 2015 (with Elizabeth Velez)
- "New Angles in the Religious Liberty Debate," NHPR's The Exchange, July 16, 2015 (radio panel discussion)
- "Added Protections Of NH Constitution Must Be Afforded Meaning," New Hampshire Bar News, Dec. 17, 2014 (with Charles G. Douglas III)
- "There’s No Law Against Asking For Help," Nashua Telegraph, Aug. 22, 2014
- "Why Voting In NH Is Not Reserved For State Residents," Union Leader, Aug. 1, 2014 (with William Christie, Alan Cronheim, and Benjamin Siracusa Hillman)
- "To Keep Libertarians Off The Ballot, NH Violates Their Rights," Union Leader, July 23, 2014
- "Religious Freedom In The News: From Hobby Lobby To Public Prayer," NHPR's The Exchange, May 14, 2014 (radio panel discussion)
- "Why We Sued To Overturn NH’s Education Tax Credit," New Hampshire Union Leader, Apr. 22, 2014
- "'Consulting' the Federal Sentencing Guidelines After Booker," 53 UCLA L. Rev. 1497 (2006)