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KOPEC v. CLEMENTS

No. 10CA1744.

271 P.3d 607 (2011)

Michael G. KOPEC, Plaintiff-Appellant, v. Tom CLEMENTS, Executive Director of the Colorado Department of Corrections; Rae Timme, Warden of Fremont Correctional Facility; and James Lander, Director of the Sex Offender Treatment and Monitoring Program at Fremont Correctional Facility, Defendants-Appellees.

Colorado Court of Appeals, Division III.

December 22, 2011.

Attorney(s) appearing for the Case

Michael G. Kopec , pro se.

John W. Suthers , Attorney General, Chris Alber , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge WEBB.

This case primarily involves whether an inmate who seeks access to his mental health records must first exhaust all available administrative remedies, as required by section 13-17.5-102.3, C.R.S.2011. We conclude that an inmate's action seeking access to such records under section 24-72-305, C.R.S.2011, of the Colorado Criminal Justice Records Act (CCJRA), is not exempt from this requirement, and is therefore premature. Hence, we affirm the...

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