Rose v. Touchette
Annotate this CasePlaintiff Zachary Rose challenged the decision of the Vermont Department of Corrections (DOC) to terminate him from treatment programming without a hearing. He argued his program termination constituted punishment under 28 V.S.A. 851, and therefore required a hearing and due process under section 852. The superior court granted summary judgment to DOC, concluding that the termination was not punishment and that plaintiff’s claim was not reviewable under Vermont Rule of Civil Procedure 75. The Vermont Supreme Court concluded that DOC’s decision was reviewable, but on this record, neither party was entitled to summary judgment. Accordingly, judgment was reversed and remanded.
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