On appeal, the court determined that the applicable law in this instance granted Geerdes 30 days from the “final decision of the body or officer” to file a complaint. Fortunately for Geerdes, Colorado law does not provide private prisons with the independent authority to punish prisoners; therefore, the warden’s upholding of the conviction did not constitute a “final decision” for the purpose of triggering the 30-day time period. Instead, the DOC’s Private Prisons Monitoring Unit (PPMU) is charged with reviewing all disciplinary convictions to determine their appropriateness. Since Geerdes filed his complaint within 30 after the obligatory PPMU review, he met the statutory time requirement.
Consequently, the district court’s judgment was reversed, and the case was remanded for further proceedings. See: Geerdes v. Colorado DOC, et al., Colo. App., Div. V, # 09-CA-0644.
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Related legal case
Geerdes v. Colorado DOC
|Cite||Colo. App., Div. V, # 09-CA-0644|
|Level||State Court of Appeals|