Harley Breer, Jr. v. Nicholas Deml

Summary

The Vermont Superior Court granted the Department of Corrections Commissioner’s motion for summary judgment and denied Harley Breer, Jr.’s cross-motion. The court held that the Commissioner had broad statutory authority to prevent Breer’s release on community supervision furlough, notwithstanding earlier actions by lower-level Department officials, and that Breer had not established a protected liberty interest in the anticipated furlough release.

Holdings

1. The court assumed without deciding that Breer's challenge fell within the nature of mandamus review under Rule 75 and proceeded to address the Commissioner's substantive authority.
2. The Commissioner acted within his broad statutory authority when he intervened to prevent Breer's release on community supervision furlough, notwithstanding earlier decisions or recommendations by lower-level Department staff.
3. Breer did not establish a protected liberty interest in expected initial release on community supervision furlough, and the court declined to extend due-process protections recognized in some furlough-revocation cases to the initial denial of furlough.

Questions Presented

1. Whether the Commissioner's decision denying community supervision furlough was subject to judicial review under Vermont Rule of Civil Procedure 75.
2. Whether the Commissioner had statutory authority to reverse or supersede lower-level Department staff decisions concerning Breer's potential release on community supervision furlough.
3. Whether Breer had a protected liberty interest in expected release on community supervision furlough requiring due process before the release was denied.

Disposition

other