MARKS v. COLORADO DEPT. OF CORRECTIONS

Case No. 19-1114.

958 F.3d 1001 (2020)

Nancy MARKS, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF CORRECTIONS; Colorado Division of Criminal Justice; Susan Keller, Community Parole Office, Colorado Department of Corrections, in her official capacity; Rick Raemisch, Executive Director Colorado Department of Corrections, in his official capacity, Defendants-Appellees. Disability Law Colorado; Colorado Cross-Disability Coalition; Disability Rights Center of Kansas; Disability Rights Advocates; Disability Rights Education and Defense Fund; American Civil Liberties Union; American Civil Liberties Union of Colorado; American Civil Liberties Union of New Mexico; American Civil Liberties Union of Utah; American Civil Liberties Union of Kansas; American Civil Liberties Union of Oklahoma; American Civil Liberties Union of Wyoming; Civil Rights Education and Enforcement Center, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 12, 2020.


Attorney(s) appearing for the Case

Michael Fairhurst ( David Lane , with him on the briefs), Killmer, Lane & Newman LLP, Denver, Colorado, on behalf of the Plaintiff-Appellant.

Cathern H. Smith , Assistant Attorney General ( Philip J. Weiser , Attorney General for the State of Colorado, with her on the brief), Denver, Colorado, on behalf of the Defendants-Appellees.

Amy Farr Robertson , Co-Executive Director, Civil Rights Education and Enforcement Center, Denver, Colorado, and Claudia Center, Senior Staff Attorney, Disability Rights Program, American Civil Liberties Union, San Francisco, California, filed an Amici Curiae brief, in support of Appellant.

Before BACHARACH and CARSON, Circuit Judges.


Ms. Nancy Marks was serving a prison term in Colorado when she obtained entry into a community corrections program operated by Intervention Community Corrections Services (Intervention). To stay in the program, Ms. Marks needed to remain employed. But while participating in the program, she aggravated a previous disability...

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