Now that Matthew Morgan is out of prison, a judge has dismissed the lawsuit he brought against the Department of Corrections. The suit alleged that the department had wrongfully kept Morgan in prison after a disproven furlough violation.
Last week, Lauri Fisher, an assistant attorney general representing the corrections department, filed a motion to dismiss Morgan’s case, citing his release on furlough Sept. 20. On Tuesday, a judge granted that motion.
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.
The charge against Morgan was later dismissed with prejudice, meaning it cannot be retried. But Morgan remained in prison for 83 days after that dismissal, even though the Department of Corrections was informed of the disproven furlough violation.
The department eventually approved Morgan’s release back on furlough two days after VTDigger reported on his legal battle.
Morgan’s attorney did not oppose the motion to dismiss.
