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BARRON v. MENARD

No. 16-151.

160 A.3d 1030 (2016)

2016 VT 123

David BARRON v. Lisa MENARD, Commissioner, Department of Corrections and Ralph Cherry.

Supreme Court of Vermont.

December 9, 2016.

Attorney(s) appearing for the Case

Matthew F. Valerio , Defender General, and Kelly Green , Prisoners' Rights Office, Montpelier, for Plaintiff-Appellant.

Andrew Bolduc of McNeil, Leddy & Shehan, P.C., Burlington, for Defendant-Appellee.

PRESENT: Reiber, C.J., Dooley, Skoglund, Robinson and Eaton, JJ.

¶ 1. Petitioner appeals the superior court's summary judgment decision upholding his prison disciplinary conviction for threatening another person. He argues that the Department of Corrections (DOC): (1) failed to prove that he had the ability and opportunity to carry out his threat as required by DOC policy for a prison disciplinary...

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