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Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed
U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections.
Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the DOC, alleging that they were being denied access to the courts due to unreasonable limits on library research time, use of the mails and access to written materials. Clouse, a paraplegic confined to a wheelchair, alleged that he was being denied “reasonable accommodations” under the ADA.
Judge Kane allowed both claims to proceed to trial, rejecting the defendants’ motion for summary judgment. According to Judge Kane, the plaintiffs’ access to courts claim did “not lend itself to resolution on a motion for summary judgment” due to its “factual nature.” As for Clouse’s ADA laim, Judge Kane found genuine issues of material fact in dispute regarding whether the defendant had in fact afforded Clouse reasonable accommodations under the ADA. See: Marquiz v. Romer, USDC, D. Colo., No. 92-K-1470.
Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the DOC, alleging that they were being denied access to the courts due to unreasonable limits on library research time, use of the mails and access to written materials. Clouse, a paraplegic confined to a wheelchair, alleged that he was being denied “reasonable accommodations” under the ADA.
Judge Kane allowed both claims to proceed to trial, rejecting the defendants’ motion for summary judgment. According to Judge Kane, the plaintiffs’ access to courts claim did “not lend itself to resolution on a motion for summary judgment” due to its “factual nature.” As for Clouse’s ADA laim, Judge Kane found genuine issues of material fact in dispute regarding whether the defendant had in fact afforded Clouse reasonable accommodations under the ADA. See: Marquiz v. Romer, USDC, D. Colo., No. 92-K-1470.
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Related legal case
Marquiz v. Romer
| Year | 1992 |
|---|---|
| Cite | USDC, D. Colo., No. 92-K-1470 |
| Level | District Court |
No other information is currently available.