Huminski v. Lavoie

Plaintiff Scott Huminski * appeals from a superior court order dismissing his complaint against defendants, the State of Vermont, State’s Attorney William Wright, Deputy State’s Attorney John Lavoie, and probation and parole officer David Miner on the basis of sovereign immunity, prosecutorial immunity, and insufficiency of the pleadings. We reverse because the trial court failed to afford adequate notice of its intent to dismiss on these grounds, and remand for further proceedings.

As best as we can discern from the record, the underlying facts are as follows: The State charged plaintiff in…