BORDEN v. HOFMANN

No. 06-345.

974 A.2d 1249 (2009)

2009 VT 30

William BORDEN, Richard Pahl and Brian Pelletier v. Robert D. HOFMANN.

Supreme Court of Vermont.

March 13, 2009.


Attorney(s) appearing for the Case

Matthew F. Valerio, Defender General, and Seth Lipschutz and Dawn Seibert, Prisoners' Rights Office, Montpelier, for Plaintiffs-Appellants.

William H. Sorrell, Attorney General, Montpelier, and Kurt A. Kuehl, Assistant Attorney General, Waterbury, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. SKOGLUND, J.

This case requires us to determine whether placing an inmate on a Nutraloaf-and-water diet in response to misconduct constitutes "punishment" within the meaning of 28 V.S.A. § 851, thereby requiring a hearing prior to implementation of the diet under § 852. This case does not present the question of whether the imposition of such a diet is cruel and unusual punishment, or even whether...

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