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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Execusuite v. Cable (2025)

Citation
Execusuite v. Cable (2025)
Parent Document
Execusuite v. Cable (2025)
Jurisdiction
Vermont (state)
Effective Date
2025-03-06

Full Text

788 chars
In this § 1983 action, the specific question is whether defendants "violate[d] clearly-established
rights of which a reasonable person would have known" when they resolved the landlord-tenant
disputes to which they responded on June 29th by allowing Mr. McFadden to remain in possession of
the apartment. Cook v. Nelson, 167 Vt. 505, 509-10 (1998). For the foregoing reasons, the court
concludes as a matter of law that defendants were correct, and that plaintiff was not entitled to retake
possession of the apartment at those times under a theory of abandonment. At a minimum, defendants
acted in good faith when they concluded that the tenant should remain in possession, at least until
either the parties reached an agreement between themselves or a court issued a writ of possession.