Legal Opinion · Dissent

Rutz v. Essex Junction Prudential Committee

Supreme Court of Vermont

Decided January 27, 1983No. 82-087Published

1DissentBillings, J.

I must respectfully dissent from the majority opinion, for it fails to apply the appropriate due process analysis for lengthy suspensions and expulsions first recognized by the Supreme Court in Goss v. Lopez, 419 U.S. 565 (1975), and refined in a series of lower federal court cases, the most recent of which is Diggles v. Corsicana Independent School District, 529 F. Supp. 169 (N.D. Tex. 1981). Proper application of this doctrine reveals that by neglecting to give plaintiff written notice of the specific charges against him, and further by neglecting to provide him with any of the documents…

2Cases cited24 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  4. In Re GAULTSupreme Court of the United States · 1967
  5. Fuentes v. ShevinSupreme Court of the United States · 1972

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