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HERRING v. GORCZYK

No. 01-283.

789 A.2d 955 (2001)

Christopher HERRING v. John GORCZYK.

Supreme Court of Vermont.

December 21, 2001.

Attorney(s) appearing for the Case

Matthew Valerio, Defender General, Seth Lipschutz, Prisoners' Rights Office, and Rebecca Boucher, Law Clerk (On the Brief), Montpelier, for Plaintiff-Appellee.

William H. Sorrell, Attorney General, Montpelier, and Douglas R. Marden, Assistant Attorney General, Waterbury, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

SKOGLUND, J.

Inmate plaintiff filed a V.R.C.P. 75 petition for review of governmental action challenging his conviction for a disciplinary rule violation. Defendant, Vermont Department of Corrections (hereinafter "DOC"), filed a motion for summary judgment. The trial court denied DOC's motion and granted summary judgment to plaintiff. DOC appeals. Because we hold that plaintiff's due process rights at the disciplinary hearing were violated by the hearing officer's...

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