Herring v. Gorczyk

Inmate plaintiff filed a V.R.C.P. 75 petition for review of governmental action challenging his conviction for a disciplinary rule violation. Defendant, Vermont Department of Corrections (hereinafter “DOC”), filed a motion for summary judgment. The trial court denied DOC’s motion and granted summary judgment to plaintiff. DOC appeals. Because we hold that plaintiffs due process rights at the disciplinary hearing were violated by the hearing officer’s reliance on statements of confidential informants without any independent assessment of the informants’ credibility, we affirm the lower court’s…