Daye v. State

Plaintiffs Vermont CURE and four of its members appeal from a superior court judgment dismissing their complaint against defendants the State of Vermont and John Gorczyk, Commissioner of the Vermont Department of Corrections. Plaintiffs contend: (1) the transfer of Vermont inmates to out-of-state correctional facilities violates the Interstate Corrections Compact, 28 V.S.A. §§ 1601-1621, and exceeds the Commissioner’s statutory authority; (2) the transfer of Vermont inmates to out-of-state facilities violates Chapter II, § 64 of the Vermont Constitution; and (8) the court erred in concluding…