Matthew Morgan, kept in prison after a dismissed shoplifting charge, was released on Wednesday — 83 days after the charge was dropped.
Morgan, 59, is once again out on furlough, which allows him to serve his prison sentence while living in the community. Vermont’s offender locator confirmed that Morgan has been released from the Southern State Correctional Facility in Springfield.
Morgan had filed a lawsuit against the Vermont Department of Corrections, seeking his release, and a group of five legislators had penned a letter to the department, urging the same. With Morgan no longer in prison, it’s possible the court will deem his lawsuit moot. A lawyer for the Department of Corrections had previously argued that because the department had approved Morgan’s release a month ago, his claim seeking release was no longer relevant.
Last fall, Morgan was days into release on furlough when he was charged with shoplifting a $129 speaker from Walmart in Berlin. According to the corrections department’s policy, a criminal charge alone can result in a furlough violation. In part because the alleged violation was Morgan’s fourth, the department determined he should spend four years back in prison.
During court testimony, Morgan said his doctor later confirmed his alibi — that he was at an appointment in Burlington when the alleged theft occurred. In June, the shoplifting charge against him was dropped with prejudice, meaning it cannot be brought again.
Morgan’s corrections caseworker was informed that the charge against him had been dropped the same day, court records show. Yet Morgan remained incarcerated, ultimately bringing a lawsuit against the Department of Corrections, demanding his release.
Two days after VTDigger first reported on Morgan’s legal battle, the department approved his release on furlough. He remained at the Springfield prison for a month, waiting for the department to approve his proposed housing.
Last Friday, Sept. 15, an attorney for the department alerted the court that Morgan was approved to be released Sept. 20. In the notice, the attorney said Morgan would be released to “a local community justice agency.”
During a merits hearing in Morgan’s lawsuit last week, his lawyer, Annie Manhardt, supervising attorney in Vermont’s Prisoners’ Rights Office, argued that the nonviolent misdemeanor charge Morgan initially faced for shoplifting should never have landed him in prison to begin with, regardless of its validity.
The Department of Corrections’ directives allow officials to send a furloughee to jail for a “history” or “pattern” of behavior, or when lower-level sanctions have not stopped the person from violating furlough. Manhardt argued the department had not exhausted those lower-level sanctions, and said that Morgan’s criminal charge did not constitute a pattern of behavior.
Morgan’s lawsuit, a habeas corpus, is a type of case in which the plaintiff seeks release from wrongful detention or imprisonment. In many cases, release from prison results in a habeas claim being deemed moot.
Manhardt, Morgan’s lawyer, did not respond to requests for comment this week.
As of Wednesday, Morgan’s lawsuit remained under advisement in Windsor County Superior civil court.
