Richardson v. State of Vermont et al

Filing 30

ORDER Adopting 28 Report and Recommendation. Defendants' 21 MOTION to Dismiss for Failure to State a Claim is granted in part and denied in part. The matter is remanded for further proceedings. Signed by District Judge J. Garvan Murtha on 1/28/2016. (esb)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
DEVIN RICHARDSON,
Plaintiff,
v.
STATE OF VERMONT, VERMONT
DEPARTMENT OF CORRECTIONS,
ANDREW PALLITO, GREG HALE,
and MATTHEW BROUILLETTE,
Defendants.

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File No. 1:15-cv-00120-jgm-jmc

ORDER
The Magistrate Judge's Report and Recommendation was filed December 23,
2015. (Doc. 28.) After de novo review, and over objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
Defendants’ Motion to Dismiss (Doc. 21) is GRANTED in part and DENIED in
part, as follows:
1.

GRANTED as to Plaintiff’s claims for money damages against Defendant

State of Vermont and Defendants Pallito, Hale, and Brouillette, in their official
capacities;
2.

GRANTED as to Plaintiff’s claims against Defendants Pallito and Hale, in

their personal capacities;
3.

DENIED as to Plaintiff’s procedural and substantive due process claims

against Defendants; and

4.

DENIED as to Plaintiff’s claims against Defendants under the doctrine of

qualified immunity.
Further, Plaintiff’s municipal liability claim is DISMISSED.
This matter is returned to Magistrate Judge John M. Conroy for further
proceedings.
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 28th day of January, 2016.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge