MONTEZ v. ROMER

Nos. Civ.A. 92 N 870, Civ.A. 96 N 343.

32 F.Supp.2d 1235 (1999)

Jessie (Jesus) MONTEZ, David Bryan, George Karl, Eugene Gilpin, John Armintrout, Kenneth Garcia, Duncan Leach, Robert Sikitch, Patricia Ballard, Diedra Givens, Gail Levine, and Jim Bulgier, as representatives of themselves and all others similarly situated in this class action, Plaintiffs, v. Roy ROMER, Governor of Colorado, The Colorado Department of Corrections, Ari Zavaras, Executive Director of the Colorado Department of Corrections, Frank Gunter, Former Director of the Colorado Department of Corrections, Bill Price, Warden of the Arkansas Valley Correctional Center, R. Mark McDuff, Warden of the Arrowhead Correctional Center, the Four Mile Correctional Facility, the Skyline Correctional Center, and the Pre-Release Correctional Center, Gary Neet, Warden of the Buena Vista Correctional Facility, Warren Diesslin, Former Warden of the Buena Vista Correctional Facility, Frank Miller, Warden of the Centennial Correctional Facility, Donice Neal, Warden of the Colorado State Penitentiary, Mark Williams, Warden of the Colorado Women's Facility, Mark McKinna, Warden of the Colorado Territorial Correctional Facility, Ben Johnson, Former Warden of the Colorado Territorial Correctional Facility, Dr. J. Frank Rice, Warden of the Denver Reception and Diagnostic Center, Larry Embry, Warden of the Fremont Correctional Facility, Tom Cooper, Former Warden of the Fremont Correctional Facility, Bob Furlong, Warden of the Limon Correctional Facility, Bill Boggs, Warden of the Rifle Correctional Facility, Bill Bokros, Warden of the Pueblo Minimum Center, David Holt, Medical Administrator of the Arrowhead Correctional Facility, the Centennial Correctional Facility, the Colorado State Penitentiary, the Fremont Correctional Facility, and the Skyline Correctional Facility, Jean Moltz, Medical Administrator at the Buena Vista Correctional Facility, and the Rifle Correctional Facility, Ron Johnson, Medical Administrator at the Denver Reception and Diagnostic Center, Cheryl Smith, Medical Administrator at the Colorado Territorial Correctional Facility and the Colorado Women's Correctional Facility, Don Lawson, Clinical Administration Director at the Limon Correctional Facility and the Arkansas Valley Correctional Facility, and Bob Moore, who supervises the medical department at the Pueblo Minimum Center, and John Doe(s), current and former Wardens of any correctional facility maintained, operated, or controlled by the Colorado Department of Corrections, and John Roe(s), current and former Medical Administrators of any correctional facility maintained, operated, or controlled by the Colorado Department of Corrections, Defendants.

United States District Court, D. Colorado.

January 21, 1999.


Attorney(s) appearing for the Case

David Miller, Paula Greisen, Miller, Lane, Killmer & Greisen, LLP, Denver, CO, for Plaintiffs.

William Higgins, Diane Michaud, Attorney General's Office, Denver, CO, for Defendants.


MEMORANDUM OPINION AND ORDER

NOTTINGHAM, District Judge.

In this case, which I have heretofore certified as a class action, state prisoners with various disabilities are claiming primarily that state officials have violated certain federal statutes prohibiting discrimination based on one's disabilities. The named plaintiffs are inmates at various correctional facilities operated by the Defendant Colorado Department of Corrections [hereinafter "the Corrections...

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