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MORAIS v. YEE

No. 93-100.

648 A.2d 405 (1994)

Henri MORAIS and Claudette Morais v. Mark YEE, et al.

Supreme Court of Vermont.

July 15, 1994.

Attorney(s) appearing for the Case

Deborah T. Bucknam and Lisa A. Warren (On the Brief), St. Johnsbury, and Philip R. Waystack and Clare M. Hinkley, Waystack & King, Colebrook, New Hampshire, for plaintiffs-appellants.

John A. Serafino and Allan R. Keyes, Ryan Smith & Carbine, Ltd., Rutland, for defendants-appellees Yee, Tupper, Vermont State Police, Dept. of Public Safety, and State of Vermont.

David A. Barra, Hill, Unsworth, Barra & Myers, Essex Junction, for defendants-appellees LaPointe and Town of Pittsburg, New Hampshire.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

ALLEN, Chief Justice.

Plaintiffs Henri and Claudette Morais appeal the summary judgment granted to defendants in an action alleging negligence and violation of constitutional rights of their son, Denis Morais. Plaintiffs contend that issues of material fact regarding the constitutional claims and defendants' entitlement to immunity from suit should have precluded the entry of summary judgment. We affirm in part and reverse in part.

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