Scott v. Vermont
Annotate this CaseEarl Scott appealed a trial court’s grant of summary judgment to the State of Vermont concerning his claim for compensation under the Vermont Innocence Protection Act (VIPA). In April 2010, Scott was charged with two counts of sexual assault against a person under the age of sixteen. Scott was twenty-two at the time the charges were filed. The offenses were alleged to have occurred “sometime during 2003 or 2004.” Subsequently, Scott pleaded guilty to an amended charge of lewd and lascivious conduct with a child and was sentenced to two to five years’ incarceration. He began serving his sentence in January 2012. While in custody under sentence, Scott brought a claim for post-conviction relief (PCR) in civil court. The claim was later amended to assert that the plea colloquy did not comply with the requirements of Vermont Rule of Civil Procedure 11(f) and that his criminal counsel was ineffective on several other grounds. While the PCR claim was pending, Scott reached his maximum sentence date and was released in March 2016. In May 2016, the State conceded Scott’s plea colloquy did not comply with Rule 11 and that his conviction should be vacated, resulting in the remand of the prosecution to the criminal division. Scott’s counsel submitted a proposed order vacating the criminal conviction in June 2016, providing Scott with a copy. Also, while the PCR claim was pending, Scott learned he had not been given proper credit for good time and had therefore served time beyond his actual maximum release date. He made a claim seeking compensation for the time he remained in jail beyond that point. In July 2016, with knowledge that his criminal conviction was going to be vacated, Scott signed a general release of claims against the State in exchange for $40,000. Scott filed the lawsuit at issue here, seeking recovery under the VIPA. The State moved for summary judgment, arguing the general release barred Scott’s claim. Alternatively, the State contended Scott was not entitled to relief because he was not “actually innocent,” and he either fabricated evidence or committed perjury during proceedings related to the charged offense. In ruling on the motion, the court held that the language of the release was unambiguous, and that it plainly operated to preclude Scott’s claim. The court also determined that, even setting aside the general release, plaintiff’s action could not proceed because he did not meet the VIPA’s actual-innocence requirement. It did not reach the State’s alternative argument. Finding no reversible error in the trial court’s order, the Vermont Supreme Court affirmed summary judgment in favor of the State.
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