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SHIELDS v. GERHART

No. 92-452.

658 A.2d 924 (1995)

Carol SHIELDS v. Rolland GERHART, Director, Division of Licensing & Registrations, Social and Rehabilitation Services; Durwood Collier, Frederick Satink.

Supreme Court of Vermont.

January 27, 1995.

Attorney(s) appearing for the Case

William A. Hunter, Ludlow, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Michael O. Duane, Asst. Atty. Gen., Waterbury, for defendants-appellees.

Before ALLEN, C.J., GIBSON and DOOLEY, JJ., FISHER, District Judge, and PECK, J. (Ret.), Specially Assigned.

DOOLEY, Justice.

Plaintiff Carol Shields appeals the dismissal of her actions against the Department of Social and Rehabilitation Services (SRS) and its personnel based on the Vermont Constitution and 42 U.S.C. § 1983. Plaintiff argues that she has a private cause of action for damages under the Vermont Constitution, that sovereign immunity does not bar such a cause of action, and that her failure to serve defendants should not bar an action against them in their...

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