Rutz v. Essex Junction Prudential Committee

I have considered the opinions of both the majority and dissent, and concur in the majority’s analysis of issues I, III and IV. I am reluctantly compelled to dissent from its analysis of issue II, but for reasons which differ from those set forth in the dissent of my brother Billings.

The analysis of the second issue must begin with the initial determination of whether plaintiff was afforded the due process guaranteed him through the Fifth and Fourteenth Amendments to the United States Constitution. In Goss v. Lopez, 419 U.S. 565, 574 (1975), the United States Supreme Court clearly established…