Eric Champagne v. Renata Pickard, et al.

Summary

The Vermont Superior Court, Orleans Unit, granted in part defendants’ motion to strike and granted judgment on the pleadings in an inmate’s negligence action arising from a choking incident. The court struck a duplicative February 2025 amended complaint, treated the April 2025 amended complaint as operative, dismissed claims against unserved defendants, and addressed claims under the Vermont Tort Claims Act. The court concluded that the complaint did not allege gross negligence or willful misconduct and failed to establish a breach of the duty of reasonable care, requiring judgment for defendants.

Holdings

1. The February 2025 amended complaint was properly stricken in its entirety as duplicative, and the April 2025 amended complaint was treated as the operative pleading.
2. Plaintiff's claims against Pickard and Deml individually could not proceed. Under the Vermont Tort Claims Act, the State was the exclusive defendant absent allegations of gross negligence or willful misconduct, and Deml was independently entitled to absolute immunity from individual claims for money damages.
3. The April 2025 amended complaint failed to state a viable negligence claim against the State because it did not allege sufficient facts to establish that Pickard breached a duty of reasonable care.

Questions Presented

1. Whether the February 2025 amended complaint should be stricken as duplicative.
2. Whether judgment on the pleadings was proper on plaintiff's claims against Pickard and former DOC Commissioner Nicholas Deml individually under the Vermont Tort Claims Act and applicable immunity principles.
3. Whether the April 2025 amended complaint adequately pleaded a negligence claim against the State of Vermont based on Pickard's response to plaintiff's choking incident.

Disposition

other