Filed Date: 1985
Closed Date: May 3, 1985
Clearinghouse coding complete
Sometime before April 1985, juveniles confined in the Juvenile Detention Unit filed a class action lawsuit in the Washington County Superior Court, State of Vermont, against the director of the Juvenile Detention Unit and the Commissioner of Social and Rehabilitative Services. The class consisted of all juveniles in the custody of the state that were or would be confined in the Juvenile Detention Unit. The plaintiffs sought injunctive relief. Juveniles in Vermont were being placed in the Juvenile Detention Unit without any court proceedings to determine the appropriateness of the confinement.
On April 19, 1985, the Washington County Superior Court entered a Stipulation Of Facts, to which the parties had agreed. The Stipulation Of Facts included profiles of the named plaintiffs, a description of the policies and conditions at the Juvenile Detention Unit, and a description of the administrative procedures for placing a juvenile at the Juvenile Detention Unit.
On May 3, 1985, the Washington County Superior Court (Judge Alan W. Cheever) granted the plaintiffs a permanent injunction. The defendants were permanently enjoined from confining juveniles at the Juvenile Detention Unit without a court order or procedural safeguards. The court found that minimum due process safeguards were necessary, because confinement in the Juvenile Detention Unit deprived the juveniles of liberty. The defendants' practice and policy of confining juveniles without judicial review violated the due process guarantee of the Fourteenth Amendment, the Vermont State Constitution, and the Vermont Juvenile Law, 33 V.S.A. § 657.
The only documents we have regarding this case are the Stipulation of Facts and the court order.
Summary Authors
Kaitlin Corkran (5/24/2006)
Cheever, Alan W. (Vermont)
Duane, Michael O. (Vermont)
Sheil, Robert (Vermont)
Schatz, Kenneth A. (Vermont)
Cheever, Alan W. (Vermont)
Last updated April 9, 2024, 3:11 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Vermont
Case Type(s):
Key Dates
Filing Date: 1985
Closing Date: May 3, 1985
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All juveniles in the custody of the State of Vermont who were or would be confined in the Juvenile Detention Unit.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Vermont Social and Rehabilitative Services, State
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1985 - None
Issues
General:
Access to lawyers or judicial system
Type of Facility: