Gibbons v. State

Opinion

7ermont Superior Court Filed_08/23/24 Essex nit

VERMONT SUPERIOR COURT CIVIL DIVISION Essex Unit Case No. 23-CV-02532 75 Courthouse Drive Guildhall VT 05905 802-676-3910 www.vermontjudiciary.org

ames Gibbons, r. v. State of Vermont ENTRY REGARDING MOTION Title: Motion to Dismiss Plaintiff's Amended Complaint (Motion: 3) Filer: Patrick T. Gaudet Filed Date: July 18, 2024

The motion is GRANTED.

Plainuff has clarified in his motion practice that he seeks to hold appointed members of the Vermont Judiciary liable for the time that he has spent incarcerated based on procedural failures of the Vermont Superior Court system. As the State notes in its opposition, Plaintiff's claim is based

on conduct that is protected by judicial immunity. LaPlaca v. Lowery, 134 Vt. 56,57 58 (1975); see

also O'Connor v. Donovan, 2012 VT 27,1 6. This immunity extends from judges to clerks and court

staff in the performance of their judicial functions. Rodriguez v. Weprin, 116 F.3d 62, 66 (2d Cir.

1997). It also extends to the State of Vermont. Cxechorowski v. State, 2005 VT 40, q 29.

The nature of immunity is that the right of a party to bring a claim is barred, and there is no

discovery or analysis as to the quality or evidence supporting the claim. O'Connor, 2012 VT 27, at J 29. Claims of immunity should be resolved at the out and are review by the Court as a matter of

law. Id.

ORDER Based on the foregoing, Plaintiff Gibbons' claims are Dismissed as a matter of law under

the doctrine of judicial immunity.

Electronically signed on 8/22/2024 6:29 PM pursuant to V.R.E.F. 9(d)

Daniel Richardson Superior Court Judge

Entry Regarding Motion Page 1 of 1 23-CV-02532 James Gibbons, Jr. v. State of Vermont