Plaintiff Execusuite, LLC is the owner and landlord of a multi-family residential property in
White River Junction, Vermont. In this § 1983 action, plaintiff alleges that defendants (four law-
enforcement officers) violated its constitutional rights by wrongfully intervening in a landlord-tenant
dispute between plaintiff and one of its tenants. Defendants have moved for summary judgment,
arguing that, after an adequate period for discovery, plaintiff has not adduced sufficient evidence to
establish a genuine issue for trial. Poplaski v. Lamphere, 152 Vt. 251, 254–55 (1989); Celotex Corp. v.
Catrett, 477 U.S. 317, 322 (1986).
The following facts are established by the parties’ statements of material facts, and are set forth
in the light most favorable to plaintiff as the non-moving party. Boyd v. State, 2022 VT 12, ¶ 19, 216
Vt. 272. In March 2019, plaintiff rented an apartment to tenant Robert McFadden. After Mr.
McFadden’s lease expired twelve months later, he remained in possession of the apartment as a
holdover tenant, but he stopped paying rent. Plaintiff served upon Mr. McFadden a notice that his
tenancy would be terminated on July 31, 2020.
Shortly after receiving the notice, on June 7, 2020, Mr. McFadden removed all of his furniture
and furnishings from the apartment, but left behind about two carloads of miscellaneous items.
Plaintiff thereafter sent multiple emails to Mr. McFadden, asking him to clarify his intentions. He
responded on June 10th and June 11th that he would move out either soon, or at least by July 31, 2020,
the date stated in the termination notice.
Nevertheless, by June 12, 2020, plaintiff’s agents had begun entering the apartment to clean it,
paint it, and change the locks. Mr. McFadden became aware of this and objected that he had not yet
“turned in [his] key.” He reiterated that he would move out by the date stated in the termination notice.