University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Center for Legal Advocacy v. Colorado Department of Corrections PC-CO-0037
Docket / Court 1:21-cv-00792-NRN ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
On March 18, 2021, the Center for Legal Advocacy, d/b/a Disability Law Colorado (“DLC”), a federally mandated protection and advocacy (“P&A”) organization for the State of Colorado, filed this lawsuit in the U.S. District Court for the District of Colorado. DLC sued the Colorado Department ... read more >
On March 18, 2021, the Center for Legal Advocacy, d/b/a Disability Law Colorado (“DLC”), a federally mandated protection and advocacy (“P&A”) organization for the State of Colorado, filed this lawsuit in the U.S. District Court for the District of Colorado. DLC sued the Colorado Department of Corrections (“CDOC”) under the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act, seeking injunctive relief. DLC brought suit in its representative capacity on behalf of and to vindicate the rights of deaf and hard of hearing (DHOH) people incarcerated in CDOC’s custody. DLC claimed that CDOC violated the ADA and Section 504 by failing to provide equally effective communication and equal access to prison programs, services, and activities at every stage of incarceration.

The case was assigned to Magistrate Judge N. Reid Neureiter and then later reassigned to Judge R. Brooke Jackson.

On May 24, 2021, CDOC filed a letter on a motion to dismiss. On May 25, Judge Jackson addressed this letter in a minute order advising that a motion to dismiss would be a waste of time and resources but that the complaint went beyond what is necessary to make a short and plain statement of the claim under Rule 8(a)(2). The court advised that a Rule 12(b)(6) motion would be unlikely to be granted and recommended that the parties pursue mediation and that DLC revise their complaint.

On August 17, 2021, DLC filed an amended complaint, shortening the pleading while maintaining the core allegations and claims from their original complaint.

As of October 2021, the case is ongoing.

Hannah Shilling - 10/02/2021


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Corrections
Disability
Hearing impairment
Discrimination-area
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Effective Communication (ADA)
Language access/needs
Reasonable Accommodations
Test or device
Medical/Mental Health
Medical care, general
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Colorado Department of Corrections
Plaintiff Description Disability Law Colorado (DLC) is a Colorado nonprofit corporation. DLC is the federally mandated protection and advocacy system for the State of Colorado. In this action, DLC, under its official duty, represents deaf and hard of hearing people in state prisons.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 03/18/2021
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
No docket sheet currently in the collection
General Documents
No documents currently in the collection

- click to show/hide ALL -

new search
page permalink

- top of page -