Sweeney v. Dep't of Corr.

[¶ 1] Gary Sweeney appeals from a judgment of the Superior Court (Knox County, Mallonee, J. ) dismissing as untimely his petition seeking review of a rule promulgated by the Department of Corrections (DOC), which Sweeney asserts is in violation of a Maine statute and several provisions of the federal and state constitutions. We agree with Sweeney's contention on appeal that, given the clear import of his challenge to the DOC rule, the court should have treated his petition as a complaint for declaratory judgment and allowed him to amend his petition to that effect. Accordingly, we vacate the…