United States Tenth Circuit

In a suit brought under 42 U.S.C. section 1983 and the Americans with Disabilities Act, arising out of plaintiff's arrest and detention for alleged violations of a temporary civil protection order, summary judgment to defendants on the section 1983 claim is affirmed where defendants are entitled to qualified immunity, as plaintiff failed to assert the violation of a constitutional right. Summary judgment to defendants on the ADA claim is reversed where there are genuine issues as to: 1) whether plaintiff is disabled within the meaning of the ADA; 2) whether the detention facility knew of his disability; and 3) whether the detention facility knew an accommodation was necessary to enable him to participate in its services to the same extent as a non-disabled prisoner.

Appellate Information

• Decided 09/10/2007
• Published 09/11/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McWILLIAMS, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Virginia Hudson Louden, Trinidad, CO, and Marc P. Charmatz, Senior Attorney, National Association of the Deaf Law Center, Silver Spring, MD, appearing for Plaintiff-Appellant.


• For Appellees:
  
• Andrew D. Ringel, Esq. (Awilda R. Marquez, Esq., with him on the brief), Hall & Evans, L.L.C., Denver, CO, appearing for Defendants-Appellees.