Filed Date: 2013
Closed Date: 2014
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Plaintiff, a prisoner in the custody of the Vermont Department of Corrections and housed in Kentucky, filed suit against the Department of Corrections (DOC), arguing that his out-of-state incarceration violated the Common Benefits Clause of the state constitution and the Equal Protection Clause. Plaintiff sought declaratory relief and an order returning him to an in-state prison.
When plaintiff was first incarcerated, he had regular visits with his children. Plaintiff was then transferred from a prison in Vermont to a prison in Kentucky. The children's guardian could not afford to travel to Kentucky for visits. The DOC did not provide video conferencing for families. Plaintiff asserted that as a result of the transfer, he was effectively prohibited from any visitation or contact with his young children.
The DOC transfers only male prisoners out of state. Although there is no formal policy establishing this practice, the DOC does not consider it "financially feasible" to send women elsewhere. It is theDOC's policy to try to keep prisoners close to their families. However, the DOC does not ask whether inmates have minor children. Plaintiff argued that the DOC treats fathers differently than mothers, constituting an unlawful gender-based distinction.
On August 13, 2014, the Vermont Superior Court (Judge Helen M. Toor) held that the DOC's policies violated the federal and state constitution. According to the court (Judge Toor), the DOC failed to establish that sending men out of state regardless of their parental status was necessary to achieve DOC goals. The court (Judge Toor) granted plaintiff's requested relief and ordered the DOC to return the plaintiff to a Vermont prison where he could see his children.
Summary Authors
Priyah Kaul (3/9/2015)
Toor, Helen M. (Vermont)
Toor, Helen M. (Vermont)
Last updated April 8, 2024, 3:12 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Vermont
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Key Dates
Filing Date: 2013
Closing Date: 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Prisoner in custody of Vermont DOC, housed in Kentucky.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Vermont Department of Corrections (Washington), State
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Case Details
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Constitutional Clause(s):
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Outcome
Prevailing Party: Plaintiff
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Issues
Jails, Prisons, Detention Centers, and Other Institutions:
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