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Proceedings Ordered After Colorado DOC Ignored Information Request From Segregated Prisoner
Colorado State pro se prisoner Bobbie Pruitt appealed his court-dismissed information request from the Colorado Department of Corrections (DOC) under the Colorado Open Records Act (CORA). The trial court ruled that the information was not "public record." On appeal, the appellate court reversed in part ordering further proceedings.
Having no access to the prison law library while in segregation, Pruitt requested
financial aid and educational information regarding depository libraries for the Library of
Congress. The DOC ignored the request. Pruitt then filed action and the DOC moved for
summary judgment dismissal claiming some of the information sought was nonexistent, some was available in the law library, and that they were not the information's custodian. Pruitt appealed the granted dismissal.
The Division Five Court of Appeals of Colorado held that the court's dismissal was in error because they based their decision that the information was not "public record" on the fact that the DOC was not the Custodian. The court further held that regardless of production status the DOC had a duty under the CORA to answer the request, See: Pruitt v. Rockwell. 866 P.2d 315 (Colo. App. 1994).
Having no access to the prison law library while in segregation, Pruitt requested
financial aid and educational information regarding depository libraries for the Library of
Congress. The DOC ignored the request. Pruitt then filed action and the DOC moved for
summary judgment dismissal claiming some of the information sought was nonexistent, some was available in the law library, and that they were not the information's custodian. Pruitt appealed the granted dismissal.
The Division Five Court of Appeals of Colorado held that the court's dismissal was in error because they based their decision that the information was not "public record" on the fact that the DOC was not the Custodian. The court further held that regardless of production status the DOC had a duty under the CORA to answer the request, See: Pruitt v. Rockwell. 866 P.2d 315 (Colo. App. 1994).
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Related legal case
Pruitt v. Rockwell
| Year | 1994 |
|---|---|
| Cite | 866 P.2d 315 (Colo. App. 1994) |
| Level | State Court of Appeals |
| Injunction Status | N/A |