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Grant v. Scott

United States District Court, D. Colorado

September 11, 2014

LARRY NEIL GRANT, Plaintiff,
v.
LT. BERNADETTE SCOTT, Defendants.

ORDER

KATHLEEN M. TAFOYA, Magistrate Judge.

This matter is before the court on "Defendant's Motion for Summary Judgment" (Doc. No. 58 [Mot.], filed March 10, 2014). Plaintiff did not file a response. This matter is ripe for ruling.

STATEMENT OF THE CASE

Plaintiff is incarcerated at the Sterling Correctional Facility ("SCF") in the Colorado Department of Corrections ("CDOC"). (Compl. [Doc. No. 15] at 4.) Plaintiff's only remaining claim is that Defendant Scott violated his rights under the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 1201(2)(A)-(C), when she terminated him from his Offender Care Aide ("OCA") position because of his disabilities. ( See Doc. No. 40 at 16.) This court previously ordered that Plaintiff is limited to prospective injunctive relief only. ( Id. )

Defendant Scott moves for summary judgment on Plaintiff's claim on the basis of mootness. (Mot.)

UNDISPUTED FACTS

1. Plaintiff alleges that "[o]n March 24, 2012, inmate Danny Boyce, #107752, and Plaintiff had a disagreement. An incident report was written about the situation and Plaintiff was fired from [his] OCA job pending an investigation." (Doc. No. 15, p. 5.)

2. The incident report states:

On 3/24/2012 at approx. 1:30 pm I, C/O Behrendsen was working in the Lu 2 Control center when inmate Grant, Larry # 150782 and inmate Boyce, Danny #107752 were walking through A pod slider Inmate Grant told inmate Boyce that he better watch his f***ing mouth. I told Grant to go to the office. Grant was an offender care aid and Boyce is a [sic] ADA offender. Sgt. Clement had advised inmate Grant that he was no longer having to be inmate Boyce's OCA due to not wanting a OCA nor having a [sic] accommodation for one. Inmate Boyce came to the office and stated to Sgt. Clement that Grant was telling other inmates that if they helped inmate Boyce they would get a write up. Sgt. Clement had called the inmates into the office and explained to inmate Grant that what he was saying was wrong and that other inmates could assist them without getting into trouble. Sgt. Clement removed inmate Grant as an OCA pending job board evaluation.

(Mot., Ex. 1.)

3. The Job Board reviews offenders for placement in the facility work assignments, educational classes, vocational assignments, I-Pod placement, restricted privilege status, and termination requests. ( Id., Ex. 2, ¶ 12.) Once a work supervisor has determined that an offender should be terminated from a position for cause, the Job Board reviews the incident and approves or denies the termination. ( Id. )

4. The Job Board reviewed Plaintiff's termination from his OCA position and found sufficient evidence to terminate Plaintiff's position. ( Id., ¶ 13.)

5. Defendant Scott is the ADA Coordinator for Sterling Correctional Facility. ( Id., ¶ 3.) Among her duties is the responsibility to review offenders' requests to be trained as OCAs. ( Id., ¶ 5.) The OCA program requires, among other things, that offenders be Class I report/conviction free for twelve months. ( Id. )

6. Defendant Scott has no authority to hire or fire offenders from job positions within the facility ( id., ¶ 8), and she did not take part in the decision to ...


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