GIROUARD v. HOFMANN

No. 08-103.

981 A.2d 419 (2009)

2009 VT 66

Roy GIROUARD v. Robert HOFMANN, Commissioner, Department of Corrections.

Supreme Court of Vermont.

June 19, 2009.


Attorney(s) appearing for the Case

Helen M. Toor, J.

Matthew F. Valerio, Defender General, Dawn Matthews, Prisoners' Rights Office, and Scott King, Legal Intern, Montpelier, for Plaintiff-Appellant.

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.


DOOLEY, J.

¶ 1. Plaintiff Roy Girouard appeals from an Addison Superior Court judgment dismissing his claims against defendant Robert Hoffman, Commissioner of the Vermont Department of Corrections (DOC), for failure to state a claim upon which relief can be granted under Vermont Rule of Civil Procedure 12(b)(6). Plaintiff contends that the court erred in determining that DOC did not violate the Ex Post Facto Clause of the United States Constitution when it applied...

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