Carol Shields v. Rolland Gerhart

Summary

The court affirmed dismissal of the plaintiff's claims against defendants in their individual capacities because she failed to serve them and did not establish excusable neglect for the delay. It held that the Vermont Constitution's property-rights provision is not self-executing, but that its free-speech provision is self-executing and can support a private action against the State. Nevertheless, the court held that damages were unavailable because the plaintiff had adequate administrative and judicial remedies for the loss of her child-care license and registration.