Justia U.S. 10th Circuit Court of Appeals Opinion Summaries
Articles Posted in Class Action
Montez v. Owens, et al
In the early 1990s, Colorado state prisoners initiated a class action lawsuit alleging that state officials were committing ongoing violations of disabled prisonersâ rights under the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. 1983. In 2003, the parties entered into a consent decree setting forth the actions the government officials would take to bring the prison system into compliance with these laws. Claimant Larry Gordon filed an individual claim for damages under the plan devised by the inmates and officials. Mr. Gordonâs claim was denied, and he filed an appeal to the Tenth Circuit. Because the class action suit covered the issue Mr. Gordon raised in his appeal, his case was remanded to a panel that was working on the logistics of enforcing the plan. The parties could not resolve their disagreements concerning enforcement of the plan, and took their disagreement to the district court. The court ruled that its orders on appeal from the panelâs decisions would be final and not appealable to the Tenth Circuit. Mr. Gordonâs claim for damages would eventually be denied by the district court, and he appealed despite the courtâs earlier ruling. The issue before the Tenth Circuit was whether it could actually review appeals from denied claims of damages that stemmed from the consent decree and plan. The officials wanted the case dismissed for lack of jurisdiction. However, Court held that even if the language of the agreement provided that the lower courtâs review would be final, an appeal could be made to the Tenth Circuit since the Courtâs jurisdiction is invoked by statute. The Court affirmed the lower courtsâ decision to dismiss the officialsâ motion, and Mr. Gordonâs claim for damages.