848 F. Supp. 2d 1291
D. Colo.2012Background
- Anderson, a CDOC inmate at Colorado State Penitentiary, is in long-term administrative segregation with minimal contact and restricted outdoor access.
- Plaintiff alleges mental health neglect, denial of outdoor exercise, and an arbitrary demerit system impeding progression out of Ad Seg under the QLLP.
- Defendants challenge the scope and remedies, arguing feasibility, security, and discretionary administration of prison programs.
- Plaintiff asserts Eighth Amendment, Fourteenth Amendment due process, ADA, and Rehabilitation Act claims.
- Court has already summarized the standard for Eighth Amendment deliberate indifference and is addressing motions for partial summary judgment and summary judgment, plus a limited discovery reopening.
- Disclosures and evidentiary disputes have dominated briefing, with trial set to begin April 30, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of outdoor exercise violates the Eighth Amendment | Anderson seeks summary judgment on denial of outdoor exercise. | Defendants contend issues are factual and require record development; not per se violation. | Summary judgment denied; genuine disputes of material fact exist. |
| Whether Strattera denial is time-barred but Wellbutrin denial remains timely | Wellbutrin denial timely; Strattera denial barred by limitations. | Claims pre-dated limitations; procedural timelines determine timeliness. | Strattera claim barred; Wellbutrin denial timely; overall limitations ruling granted in part. |
| Whether due process protections apply to QLLP reviews and non-formulary medication decisions | Indefinite QLLP placement and inadequate non-formulary denial procedures create liberty interests. | Discretionary prison decisions and procedures may not create protected entitlements; factual disputes remain. | Genuine issues of material fact preclude summary judgment on due process claims. |
| Whether Eighth Amendment requires proof of deliberate indifference to serious mental health needs | Defendants failed to treat Serious mental health needs; denial constitutes deliberate indifference. | Medical judgment allowed; not automatically an Eighth Amendment violation. | Genuine issues of material fact; not resolved on summary judgment. |
| Whether ADA/Rehabilitation Act claims survive summary judgment in light of treatment disputes | Disability status and lack of accommodation hindered QLLP progression; denial based on disability. | Statutes do not guarantee medical malpractice relief; factual disputes over treatment remain. | Summary judgment denied; factual disputes about accommodation and treatment exist. |
| Whether to reopen discovery for deposition of Dr. Tuakoi and Lenocker | Deposing Lenocker and updating with Tuakoi could affect injunction and remedies. | Discovery window closed; burden and prejudice considered; Lenocker deposition denied, Tuakoi limited. | Lenocker deposition denied; Tuakoi deposition limited to one hour (telephone permissible with agreement). |
Key Cases Cited
- Wilson v. Seiter, 501 U.S. 294 (U.S. 1991) (Eighth Amendment standard for cruel and unusual punishment)
- Bailey v. Shillinger, 828 F.2d 651 (10th Cir. 1987) (outdoor exercise importance and per se violations not established)
- Ajaj v. U.S., 293 F. App’x 575 (10th Cir. 2008) (unpublished; depriving outdoor exercise not necessarily Eighth Amendment)
- Fogle v. Pierson, 435 F.3d 1252 (10th Cir. 2006) (multi-year deprivation may raise Eighth Amendment concerns)
- Toevs v. Reid, 646 F.3d 752 (10th Cir. 2011) (protected liberty interest in indefinite QLLP placement; need for meaningful reviews)
- Sandin v. Conner, 515 U.S. 472 (U.S. 1995) (limitations on liberty interest created by disciplinary confinement)
- Coppinger v. Townsend, 398 F.2d 392 (10th Cir. 1968) (medical care rights are to adequate care, not preferred care)
- Kentucky Dep’t of Corrections v. Thompson, 490 U.S. 454 (U.S. 1989) (legitimate claim of entitlement required for due process)
- Crawford v. Indiana Dep’t of Corrections, 115 F.3d 481 (7th Cir. 1997) (ADA/Rehabilitation Act considerations in prison health context)
- Church of Scientology of California v. U.S., 506 U.S. 9 (U.S. 1992) (mootness standards and ongoing relief considerations)
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (U.S. 2000) (mootness and ongoing conduct requirements)