Loveland v. Gorczyk

Summary

The Vermont Supreme Court affirmed summary judgment for prison officials in a challenge to a prison disciplinary appeal decision. The court held that the Department of Corrections directive requiring the superintendent to “respond” to an appeal within 30 days required a decision within that period, but did not require that the inmate receive notice within the same period. Because the superintendent decided the appeal within 30 days and the inmate was not prejudiced by delayed notice, expungement was not warranted.

Holdings

1. The directive requires the superintendent to answer the appeal by deciding it within thirty days; it does not require the inmate to receive notice of that decision within the thirty-day period.
2. Loveland was not entitled to automatic dismissal and expungement because the superintendent decided the appeal within the prescribed period and the absence of contemporaneous notice did not cause indecision, protracted deliberation, or prejudice.

Questions Presented

1. Whether DOC Directive 410.01(I)(2), requiring the superintendent to respond to an inmate's appeal within thirty days, requires the inmate to receive notice of the decision within that period.
2. Whether failure to provide notice of the superintendent's decision within thirty days required dismissal and expungement of the disciplinary conviction.

Disposition

affirmed