Hebert v. State

Plaintiff, the administrator of the estate of Rose Ann LaPlant, who committed suicide in 1991 while incarcerated at the Chittenden Community Correctional Center, brought suit against the State of Vermont and several corrections employees and officials under the Vermont Tort Claims Act, 12 V.S.A. § 5601, and 42 U.S.C. § 1983. Defendants moved for judgment on the pleadings on the ground that both the State and the individual defendants had immunity from suit. The trial court denied the motion, holding that 12 VS.A. § 5601 permitted the suit against the State, and that the individual defendants…