Parker v. Gorczyk

744 A.2d 410, 170 Vt. 263, 1999 Vt. LEXIS 323
CourtSupreme Court of Vermont
DecidedOctober 29, 1999
Docket97-347
StatusPublished
Cited by20 cases

This text of 744 A.2d 410 (Parker v. Gorczyk) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parker v. Gorczyk, 744 A.2d 410, 170 Vt. 263, 1999 Vt. LEXIS 323 (Vt. 1999).

Opinions

Skoglund, J.

Plaintiffs, two inmates incarcerated at the Woodstock Regional Correctional Facility, brought this class action seeking to enjoin defendant, the Commissioner of the Department of Corrections, from implementing a policy that would make prisoners convicted of violent felonies ineligible for furlough until the expiration of their minimum sentences. Based on its conclusion that the policy violated plaintiffs’ right to due process guaranteed by Chapter I, Article 10 of the Vermont Constitution, the Windsor Superior Court permanently enjoined defendant from implementing the policy or adopting any other policy that would prevent the Department from making individualized furlough assessments for each prisoner. Because we conclude that the challenged policy does not violate statutory law or contravene plaintiffs’ right to due process or equal protection of the law under the Vermont Constitution, we reverse the superior court’s decision.

The material facts are not in dispute. As of January 1995, the Department’s Offender Classification Manual provided as follows:

[265]*265Extended furlough should be granted as part of an offender’s reintegration plan and should occur during the 90 days prior to the offender’s minimum release date. Extended furlough to a residential treatment, educational, or vocational program may be granted up to 6 months prior to an offender’s minimum release date.

On January 24, 1995, the Commissioner amended this provision by adding the following sentence:

Exception: offenders incarcerated for felony violence are not eligible for release on Furlough until they have reached their minimum release date.

(Emphasis in original.) The Commissioner explained that the change was aimed at serving and protecting the public, and at bringing the Department’s policy in line with public expectations concerning truth in sentencing and protection from violent offenders.

In April 1995, inmates Gordon Parker and Robert Bailey filed suit on behalf of themselves and similarly situated prisoners, asking the superior court to declare the new regulation unconstitutional and to enjoin the Commissioner from enforcing it. Plaintiffs alleged that the regulation constituted an abuse of discretion, violated their rights to due process and equal protection of the law under the federal and Vermont constitutions, and was not promulgated in accordance with the Vermont Administrative Procedure Act (APA), in violation of 3 V.S.A. §§ 801-849.

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Parker v. Gorczyk
744 A.2d 410 (Supreme Court of Vermont, 1999)

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Bluebook (online)
744 A.2d 410, 170 Vt. 263, 1999 Vt. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-gorczyk-vt-1999.