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ROSE v. TOUCHETTE

No. 20-274.

264 A.3d 861 (2021)

2021 VT 77

Zachary ROSE v. Michael TOUCHETTE, Commissioner, Department of Corrections et al.

Supreme Court of Vermont.

October 8, 2021.

Attorney(s) appearing for the Case

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

Thomas J. Donovan, Jr. , Attorney General, Montpelier, and Robert C. Menzel, Jr. , Assistant Attorney General, Waterbury, for Defendant-Appellee.

PRESENT: Reiber, C.J., Robinson, Eaton, Carroll and Cohen, JJ.

¶ 1. Plaintiff Zachary Rose challenges the decision of the Vermont Department of Corrections (DOC) to terminate him from treatment programming without a hearing. He argues that his program termination constituted punishment under 28 V.S.A. § 851 and therefore required a hearing and due process under § 852. The superior...

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