Conway v. Cumming

I disagree with the result reached by the majority for two reasons. First, the trial court struck too *120soon and failed to give plaintiff an opportunity to develop a factual record, and second, the conclusion that plaintiff lacks a protected liberty interest is inconsistent with our Vermont constitutional jurisprudence as most recently explained in G.T. v. Stone, 159 Vt. 607, 622 A.2d 491 (1992). Accordingly, I respectfully dissent.

A review of the facts available in the limited record will help illustrate the reasons why the trial court ruled precipitously. Although it is important to emphasize…